Restatement of Torts Standard In Section 46
The Cumulative Evidence of the Defendant's Behavior Towards the Plaintiff was Outrageous Enough to Satisfy the 'Restatement Standard' in Section 46 ?
In Pavilon v. Kaferly, 204 Ill. App. 3d 235, 239-241, 561 N.E.2d 1245, 149 Ill. Dec. 549 (1990), the counter-plaintiff and the counter-defendant dated for a period of time. Pavilon, 204 Ill. App. 3d at 239.
After their dating relationship ceased, the counter-plaintiff went to work for the counter-defendant, who pressured her to attend family and social events with him, promising that things would be easier on her at work if she went. Pavilon, 204 Ill. App. 3d at 240.
Thereafter, the counter-defendant offered her money for sex on 8 to 10 occasions over a period of months. Pavilon, 204 Ill. App. 3d at 240.
She refused, and the counter-defendant fired her. Pavilon, 204 Ill. App. 3d at 241.
At a meeting after the firing occurred, the counter-defendant told her that on the day he fired her he wanted to rape her and that he still wanted to rape her. Pavilon, 204 Ill. App. 3d at 241.
After this meeting, the counter-defendant did numerous acts harassing her new employer, her parents, and her psychotherapist, and he spread false information about her and her new employer. Pavilon, 204 Ill. App. 3d at 241.
At different times, the counter-defendant threatened to kill the counter-plaintiff, rape her, and file a lawsuit to take custody of her son away from her. Pavilon, 204 Ill. App. 3d at 241.
The appellate court stated, "Cumulatively, this evidence concerning Pavilon's conduct towards Kaferly could support a finding that it was outrageous enough to satisfy the Restatement standard " in section 46, comment d. Pavilon, 204 Ill. App. 3d at 246.