Wilson v. Norfolk & Western Ry. Co.

Docket No. 85821–Agenda 8–January 1999.

RONALD WILSON, Appellee, v. NORFOLK & WESTERN

RAILWAY COMPANY, Appellant.

Opinion filed June 17, 1999.

The circuit court of Madison County certified the following question for interlocutory appeal pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308):

“Whether plaintiff must plead and offer proof of physical contact or the threat of physical contact before a plaintiff can recover for the intentional infliction of emotional distress under the [Federal Employers’ Liability Act].”

We answer this question in the affirmative.

FACTS

Plaintiff, Ronald Wilson, filed…