contemporaneous injury or impact requirement (Illinois) · Go Syfert
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contemporaneous injury or impact requirement in Illinois

5 Illinois opinions name it 2 courts 1995–2017 0 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Pasquale v. Speed Products Engineeringgreen
ill · 1995 · cited in 4 Illinois opinions naming this issue, 2015–2017
2 sentences

2017Id. at 347 . ¶ 37 Therefore, in Pasquale, this court confined its inquiry to “whether the elimination of the contemporaneous injury or impact requirement for bystander recovery for emotional distress in the area of negligence meaningfully translate[d] into an elimination of the element of physical harm for a bystander’s recovery for emotional distress under strict liability theory.” Id.

2017The language stated that Corgan had “eliminated the contemporaneous injury or impact requirement for a direct victim’s recovery for emotional distress based on a theory of negligence.” Pasquale, 166 Ill. 2d at 346 .

14

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
People v. Coleman green
illappct · 2015
1 sentence

2015First, Pasquale was a bystander case, not a direct victim case, as reflected by the court’s issue statement: “we confine our inquiry to whether the elimination of the contemporaneous injury or impact requirement for bystander recovery for emotional distress in the area of negligence meaningfully translates into an elimination of the element of physical harm for a bystander's recovery for emotional distress under strict liability theory.” Id. at 347 . ¶ 25 Second, the quoted language is obiter dictum because it is was not essential to the court’s decision (Id. at 346 (“The rule plaintiff challe

12015–2015
Suvada v. White Motor Co. red
ill · 1965
2 sentences

1995In Suvada v. White Motor Co. (1965), 32 Ill.2d 612 , 210 N.E.2d 182 , strict lability for unreasonably dangerous products was established as Illinois law, and the court adopted section 402A of the Restatement (Second) of Torts.

1995In Suvada v. White Motor Co. (1965), 32 Ill. 2d 612 , strict lability for unreasonably dangerous products was established as Illinois law, and the court adopted section 402A of the Restatement (Second) of Torts.

11995–1995
Corgan v. Muehling green
ill · 1991
2 sentences

1995Although not cited by plaintiff, and decided after Rickey, Corgan v. Muehling (1991), 143 Ill.2d 296 , 158 Ill.Dec. 489 , 574 N.E.2d 602 , eliminated the contemporaneous injury or impact requirement for a direct victim's recovery for emotional distress on a theory of negligence.

1995Although not cited by plaintiff, and decided after Rickey, Corgan v. Muehling (1991), 143 Ill. 2d 296 , eliminated the contemporaneous injury or impact requirement for a direct victim’s recovery for emotional distress on a theory of negligence.

11995–1995

Statutes the citing opinions construe

IL § 735 ILCS 5/2-615 (4) IL § 735 ILCS 5/15-1603 (3) IL § 735 ILCS 5/15-1701 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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