Where Suicide Is Caused by Intentional Infliction of Emotional Distress, Illinois Now Recognizes Ensuing Actions for Wrongful Death and Survival

By Melissa A. Murphy-Petros, Esq. of Wilson Elser Moskowitz Edelman & Dicker LLP

The Illinois Appellate Court has held, as a matter of first impression in the state, that where a plaintiff can satisfy the elements of the tort of intentional infliction of emotional distress and the emotional distress is a substantial factor in causing a decedent's suicide, causes of action for wrongful death and survival based on the suicide are now cognizable. Although careful to draw the distinction between negligence and intentional torts in cases where the defendant's actions cause emotional distress that leads to a suicide, the Appellate Court's opinion in Turcios v. DeBruler Company, 2014 IL App (2d) 130331, nevertheless opens the door to a wide variety of wrongful death and survival claims that were previously not recognized.

Brett Cooney (deceased) - Amanda Cerrano v. WCAB (Patterson UTI, Inc.)

; 1681 C.D. 2013; filed 6/12/14; by Judge Simpson<

The decedent sustained a traumatic brain injury as a result of a drilling rig accident while working for the employer. The decedent passed away six days following the injury. After the decedent's death, the employer and the claimant entered into an agreement to pay dependency benefits to the decedent's two minor children under §307 (1) (b) of the Act. In the agreement, the claimant reserved the right to file a fatal claim petition for widow's benefits. the claimant did so, but the Workers' Compensation Judge denied the petition.