Wilson v. Norfolk & Western Ry. Co.
Case Date: 12/31/1969
Court: Supreme Court
Docket No: 85821
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Docket No. 85821-Agenda 8-January 1999. RONALD WILSON, Appellee, v. NORFOLK & WESTERN RAILWAY COMPANY, Appellant. Opinion filed June 17, 1999. JUSTICE BILANDIC delivered the opinion of the court: The circuit court of Madison County certified the following question for interlocutory appeal pursuant to Supreme CourtRule 308 (155 Ill. 2d R. 308): "Whether plaintiff must plead and offer proof of physical contact or the threat of physical contact before a plaintiffcan 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 this action in the circuit court of Madison County on April 24, 1995. His single-countcomplaint charged his employer, Norfolk & Western Railway Company (defendant), with intentional infliction ofemotional distress in violation of the Federal Employers' Liability Act (FELA) (45 U.S.C. |