Collier v. Wagner Castings Co.

At issue in this appeal is whether, assuming the plaintiff’s allegations are sufficient to constitute a cause of action for the intentional infliction of emotional distress, such a cause of action will lie against the employer and coemployee defendants in view of sections 5(a) and 11 of the Workmen’s Compensation Act (Ill. Rev. Stat. 1973, ch. 48, pars. 138.5(a), 138.11).

The circuit court of Macon County struck plaintiff’s complaint for failure to state a cause of action and entered judgment in favor of defendants. The appellate court affirmed, one judge dissenting. (70 Ill. App. 3d 233.) We…