Turcios v. The DeBruler Company
2015 IL 117962
| Ill. | 2015Background
- Plaintiffs (Maria Turcios and children) leased an apartment from The DeBruler Co.; ten days after lease began, management sent eviction notices, pressured the family to move, refused June rent, and began demolition while they remained in the unit.
- Decedent Nelsyn Caceras committed suicide in the apartment after demolition began; plaintiffs alleged the conduct caused severe emotional distress that led to suicide.
- Plaintiffs filed claims including intentional infliction of emotional distress, and later added wrongful death (Wrongful Death Act) and a survival action based on intentional infliction of emotional distress.
- Defendant moved to dismiss counts IV (wrongful death) and V (survival) under section 2-615, arguing suicide is an unforeseeable, intervening act that bars recovery.
- The trial court dismissed the wrongful death and survival counts with prejudice; the appellate court reversed and remanded; the Illinois Supreme Court granted leave and reversed the appellate court, affirming the trial court dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a wrongful-death claim may proceed when the decedent’s suicide allegedly resulted from defendant’s intentional infliction of emotional distress | Turcios: If intentional tort (IIED) is a substantial factor in causing suicide, wrongful-death recovery is cognizable; foreseeability should not bar intentional-tort liability | DeBruler: Suicide is an unforeseeable, superseding intervening act; under Martin v. Heinold, proximate-cause/foreseeability limits intentional-tort liability and bars recovery | Court held proximate causation (foreseeability) limits intentional-tort liability; suicide is generally unforeseeable as a matter of law, plaintiffs’ facts do not show foreseeability; wrongful-death count dismissed with prejudice |
| Whether a survival action for IIED can proceed independent of wrongful death when death resulted from suicide allegedly caused by defendant’s conduct | Turcios: Survival claim based on IIED could proceed because decedent suffered severe emotional distress prior to death | DeBruler: Same foreseeability/superseding cause argument bars survival recovery tied to suicide | Court affirmed dismissal of survival count as plaintiffs made no independent argument to sustain it apart from the wrongful-death theory |
Key Cases Cited
- Heinold Commodities, Inc. v. Martin, 163 Ill. 2d 33 (Ill. 1994) (intentional tortfeasors’ liability is limited by proximate causation; foreseeability required)
- Little v. Chicago Hoist & Body Co., 32 Ill. 2d 156 (Ill. 1965) (suicide is an independent, intervening, unforeseeable act that can break causation in negligence cases)
- Williams v. Manchester, 228 Ill. 2d 404 (Ill. 2008) (Wrongful Death Act claim requires the same injury that the decedent could have asserted pre-death)
- Lee v. Chicago Transit Authority, 152 Ill. 2d 432 (Ill. 1992) (distinguishes cause in fact and legal cause; legal cause concerns foreseeability and policy limits)
- Public Finance Corp. v. Davis, 66 Ill. 2d 85 (Ill. 1976) (IIED requires distress such that no reasonable person could be expected to endure it)
- McGrath v. Fahey, 126 Ill. 2d 78 (Ill. 1988) (IIED claim requires proximate causation of the emotional distress)