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HAYES v. ILLINOIS POWER CO.

No. 4-91-0372.

587 N.E.2d 559 (1992)

225 Ill. App.3d 819

167 Ill.Dec. 290

Mary LaVerne HAYES, as Executor of the Estate of John W. Hayes, Deceased, Todd Hayes, Individually and Jack Hayes, Individually, Plaintiffs-Appellants, v. ILLINOIS POWER COMPANY, a Corporation, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

January 30, 1992.

Attorney(s) appearing for the Case

Stephen R. Myers, Clinton, for plaintiffs-appellants.

Arnold F. Blockman, Jerome P. Lyke, Hatch, Blockman, McPheters, Fehrenbacher & Lyke, Champaign, for defendant-appellee.

Justice McCULLOUGH delivered the opinion of the court:

On April 24, 1991, the circuit court of Piatt County dismissed amended counts VI, VII, and VIII of plaintiffs' complaint for negligent and intentional infliction of emotional distress. The court dismissed count VI finding it was duplicitous of count V since count V alleged an injury for which emotional distress could be compensated. Counts VII and VIII were dismissed because the facts alleged did not show the...

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