![]() A coworker of plaintiff telephoned defendant William A. Vern Collier (hereinafter referred to as plaintiff) was employed by defendant Wagner Castings Company (hereafter Wagner Co.) on March 17, 1975, when he was stricken with an illness at approximately 4:30 p.m. According to the complaint, the following are the relevant facts. In considering a motion to dismiss for failure to state a cause of action, plaintiffs' pleaded facts are assumed to be true. The appellate court affirmed, one judge dissenting. 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. ![]() ![]() JUSTICE CLARK delivered the opinion of the court:Īt 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. ![]() Samuels, Miller, Schroeder, Jackson & Sly, of Decatur (Jerald E. Harte, Ltd., and Scheele, Serkland, & Boyle, Ltd., of Chicago (James C. WAGNER CASTINGS COMPANY et al., Appellees. ![]()
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