Krishnamoorthi v. Chen

2022 IL App (3d) 210199-U
CourtAppellate Court of Illinois
DecidedMay 18, 2022
Docket3-21-0199
StatusUnpublished

This text of 2022 IL App (3d) 210199-U (Krishnamoorthi v. Chen) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Krishnamoorthi v. Chen, 2022 IL App (3d) 210199-U (Ill. Ct. App. 2022).

Opinion

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).

2022 IL App (3d) 210199-U

Order filed May 18, 2022 ____________________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

K.S. KRISHNAMOORTHI, ) Appeal from the Circuit Court ) of the 10th Judicial Circuit, Plaintiff-Appellant, ) Peoria County, Illinois ) ) Appeal No. 3-21-0199 v. ) Circuit No. 20-L-160 ) JOSEPH CHEN, ) Honorable ) Michael D. Risinger, Defendant-Appellee. ) Judge, Presiding ____________________________________________________________________________

PRESIDING JUSTICE O’BRIEN delivered the judgment of the court. Justices Hauptman and Lytton concurred in the judgment. ____________________________________________________________________________

ORDER

¶1 Held: Trial court did not err when it dismissed plaintiff’s complaint for failure to state a claim.

¶2 Plaintiff K.S. Krishnamoorthi brought a two-count complaint against defendant Joseph

Chen, alleging intentional infliction of emotional distress and tortious interference with an

expectancy. The trial court dismissed the case on Chen’s motion. Krishnamoorthi appealed. We

affirm. ¶3 I. BACKGROUND

¶4 Plaintiff K.S. Krishnamoorthi and defendant Joseph Chen are both professors in the

Department of Industrial and Manufacturing Engineering at Bradley University. Krishnamoorthi

had taught in the department for more than 39 years, specializing in engineering statistics, and

planned to retire in May 2020. He was then 79 years old and in poor health, suffering from diabetes,

hypertension and a peptic ulcer. Chen was the department chair. In 2017, Krishnamoorthi ran

against Chen for the chairperson position and authored a “manifesto” critical of Chen. In 2018,

Krishnamoorthi informed the associate dean of the college that Chen had allowed an unqualified

graduate student to enroll in one of Krishnamoorthi’s classes. In June 2018, Chen assigned

Krishnamoorthi to teach a new graduate level course in facilities planning in the upcoming spring

semester.

¶5 Krishnamoorthi attempted to decline the teaching assignment, claiming ill health and lack

of expertise in the area of facilities planning. He asked Chen to reconsider but Chen declined to

release Krishnamoorthi from the teaching duties. Krishnamoorthi then appealed to the dean of the

engineering school, who denied the appeal because the department chair was responsible for

teaching assignments. Krishnamoorthi asked the dean to reconsider, offering that one of his

colleagues had agreed to switch teaching assignments with Krishnamoorthi. The dean denied the

new request.

¶6 Krishnamoorthi began experiencing physical and emotional problems, including sleep

disturbances, stomach pain related to his ulcer, elevated blood pressure and a preoccupation with

his new assignment. His symptoms continued to worsen and he was hospitalized in October 2018

for high blood pressure. He was further diagnosed with blood clots in his lungs, stress to his heart

and an aortic aneurism. Krishnamoorthi informed both Chen and the dean of his medical status.

2 ¶7 Also in October 2018, Krishnamoorthi filed a grievance with the faculty grievance

committee, which recommended Chen withdraw the teaching assignment. He did not withdraw it

and Krishnamoorthi took medical leave for the spring semester. He returned from leave with

instructions from his doctor that his workload minimize stressors. Krishnamoorthi requested a full-

time teaching load that did not include the facilities planning course. When Chen refused,

Krishnamoorthi went on half-time medical leave but was still required to teach facilities planning.

After the dean intervened, Chen excused Krishnamoorthi from teaching the course but would not

assign him a course in his area of expertise.

¶8 Krishnamoorthi filed a two-count complaint, alleging intentional infliction of emotional

distress and tortious interference with an employment expectancy. Chen moved to dismiss per

section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 2020)). The trial court

granted the motion and dismissed the complaint with prejudice. Krishnamoorthi timely appealed.

¶9 II. ANALYSIS

¶ 10 Krishnamoorthi argues that the trial court improperly dismissed his complaint. He

maintains he adequately pleaded extreme and outrageous conduct sufficient to sustain his claim

for intentional infliction of emotional distress and that he sufficiently alleged tortious interference

with his employment expectancy.

¶ 11 A section 2-615 motion to dismiss challenges the legal sufficiency of the complaint. Id. In

the complaint, the plaintiff is not required to prove his case but must allege facts sufficient to

sustain each element of the cause of action. Griffin v. Bruner, 341 Ill. App. 3d 321, 324 (2003). In

deciding a 2-615 motion to dismiss, the court considers whether, taking all well-pleaded facts as

true and construing them in a light most favorable to the plaintiff, the allegations are sufficient to

state a cause of action on which relief may be granted. Doe-3 v. McLean County Unit District No.

3 5 Board of Directors, 2012 IL 112479, ¶ 16. This court reviews the dismissal of a complaint

de novo. Id. ¶ 15.

¶ 12 We first address the complaint’s intentional infliction of emotional distress count.

Krishnamoorthi characterizes the circumstances at issue as more than a mere work dispute and

contends that Chen’s behavior was outrageous, and his allegations were sufficient to sustain the

intentional infliction of emotional distress count. He asserts that Chen held a position of power

over him and the ability to damage his interests. Krishnamoorthi further questions whether Chen’s

assignment of the facilities planning course was a legitimate business objective and whether Chen

had a retaliatory motive in assigning the course. Finally, Krishnamoorthi claims that his age and

ill health made him particularly vulnerable to emotional distress.

¶ 13 To state a cause of action for intentional infliction of emotional distress, the complaint must

allege that (1) defendant’s conduct was extreme and outrageous; (2) defendant intended to cause

severe emotional distress or knew there was a high probability his conduct would lead to severe

emotional distress; and (3) defendant’s conduct did cause severe emotional distress. McGrath v.

Fahey, 126 Ill. 2d 78, 86 (1988). Whether a defendant’s conduct is extreme and outrageous is

judged objectively based on the particular facts and circumstances of the case. Id. at 90. Outrageous

conduct involves more than “ ‘mere insults, indignities, threats, annoyances, petty oppressions, or

other trivialities.’ ” Id. at 86 (quoting Restatement (Second) of Torts, § 46, comment d at 73

(1965)). When the conduct arises in an employment context, the court looks at whether it involves

an abuse of power or authority and whether the conduct furthers a legitimate business objective.

Id. at 88.

¶ 14 Krishnamoorthi’s complaint alleges that Chen assigned him to teach a class outside of his

area of expertise in retaliation for actions Krishnamoorthi took challenging Chen and that Chen

4 refused to reconsider the decision despite knowing its adverse effect on Krishnamoorthi’s mental,

emotional and physical well-being.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McGrath v. Fahey
533 N.E.2d 806 (Illinois Supreme Court, 1988)
Public Finance Corp. v. Davis
360 N.E.2d 765 (Illinois Supreme Court, 1976)
Doe-3 v. McLean County Unit District No. 5 Board of Directors
2012 IL 112479 (Illinois Supreme Court, 2012)
Griffin v. Bruner
793 N.E.2d 974 (Appellate Court of Illinois, 2003)
Harrison v. Addington
2011 IL App (3d) 100810 (Appellate Court of Illinois, 2011)
Simmons v. Campion
2013 IL App (3d) 120562 (Appellate Court of Illinois, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
2022 IL App (3d) 210199-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krishnamoorthi-v-chen-illappct-2022.