Corgan v. Muehling

167 Ill. App. 3d 1093, 118 Ill. Dec. 698, 522 N.E.2d 153 (1988)

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Corgan v. Muehling

Illinois Appellate Court
167 Ill. App. 3d 1093, 118 Ill. Dec. 698, 522 N.E.2d 153 (1988)

  • Written by Nicole Gray , JD

Facts

Penelope Corgan (plaintiff) began having a sexual relationship with Conrad Muehling (defendant) while Corgan was under Muehling’s psychological care. After the relationship ended, Corgan sued Muehling for malpractice, alleging that Muehling was negligent for having sex with her during her treatment and, further, for failing to recognize or deal with the common psychotherapeutic phenomena of transference in which patients have emotional reactions to their therapists. The trial court dismissed two counts of Corgan’s claims and certified a question to a higher court of whether Corgan’s emotional-damage claims for Muehling’s alleged malpractice were barred by precedent set by the Illinois Supreme Court, which required physical impact or injury for a bystander plaintiff to recover damages for negligent infliction of emotional distress.

Rule of Law

Issue

Holding and Reasoning (Scariano, J.)

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