Corgan v. Muehling

Conrad Muehling (defendant) publicly held himself out to be a registered psychologist, but he did not have a valid certificate of registration. Penelope Corgan (plaintiff), believing Muehling to be a registered psychologist, sought therapy from Muehling in March 1979. Muehling initiated a sexual relationship with Corgan as a purported part of her therapy beginning in March 1979 until October 1980, when their professional relationship ended. As a result of their sexual relationship, Corgan suffered fear, shame, guilt, and humiliation, and she had to undergo extensive therapy and counseling. Corgan filed suit against Muehling asserting several causes of action, including claims for negligent infliction of emotional distress and a claim for public nuisance under the Illinois Psychologist Registration Act (the act), which requires psychologists to obtain a certificate of registration to practice psychology. Muehling moved to dismiss Corgan’s claims for negligent infliction of emotional distress and her claim for public nuisance. Muehling argued that because Corgan’s complaint did not allege that she suffered a physical injury or that she was in the zone of danger of experiencing a physical injury, she could not recover damages for negligent infliction of emotional distress. Muehling further argued that because the act did not provide for a private right of action, Corgan could not maintain a claim against him for public nuisance under the act. The trial court denied Muehling’s motion to dismiss as to Corgan’s negligent infliction of emotional distress claims and granted Muehling’s motion to dismiss Corgan’s public-nuisance claim. The appellate court affirmed the trial court’s order denying Muehling’s motion to dismiss Corgan’s negligent infliction of emotional distress claims but reversed the trial court’s order dismissing Corgan’s public-nuisance claim. Muehling appealed.