McCaskill v. Barr

This appeal presents the rather narrow question of what is required in order to plead properly the cause of action generally known today as the tort of outrage. The plaintiff filed an original complaint, and an amended complaint, attempting to state such a cause of action, and the circuit court of Champaign County dismissed both on separate motions of the defendant. We hold that while plaintiff’s prospects of ultimate success on the merits are dubious, the dismissal was premature, and we remand.

The factual situation giving rise to the complaint is relatively uncomplicated. The parties are…