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Illinois-Intentional Infliction of Emotional Distress

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bghunter

Junior Member
What is the name of your state (only U.S. law)? Illinois

I was recently told that since the organization I'm suing is a nonprofit, they probably have a pro bono attorney. Interesting, because I based the dollar amount of my suit partly on the basis of an estimate of how much I thought the lawyers are paid. I am trying to avoid going to court. What I'm trying to do is save my reputation, because I'm trying to open a business. So I figured a settlement would do, even if it were for little money. (I'm suing pro se in small claims court--$10,000.) Now I'm wondering about the likelihood that we will settle out of court.

I'm also wondering if I'm suing the right person. My lawsuit involves slander, intentional infliction of emotional distress, and negligent infliction of emotional distress. Can I sue an organization for those causes of action or must I sue a particular person or sue people? The complaint was before the Commission on Human Relations before a lawyer told me that State Court was a better option because the Commission really couldn't force the organization to do anything and because the fines were so small. Proving my case is a matter of issuing subpoenas and hoping that some people come clean in front of a judge and jury. For a lack of a better description, in many ways the defendant(s) was dumb. Their employees used their own members to harass me by telling them lies, such as I said fat people are fat because they don't exercise and that I got into a fight in the locker room because forgot to take my medication) and continued to even after they were told to stop it. They let too many people in on it. (I know it sounds crazy, but I am sane.)

Basically, the problem revolves around my having filed a sexual harassment complaint and the person I file against then asking colleagues to help harass me out of the place. The organization mishandled it, and it eventually moved into threats of violence and assaults. My being assaulted. (The employees encourage another member to attack me in the locker room. I have a witness, who was trapped into a corner with me.) Everything got out of hand really fast and ended up far worse than I imagined it would. I stayed for three reasons: (1) It is one of two gyms that has a program called SilverSneakers. (I do have a disability and the gym knew it when I registered.) My health insurance pays the membership fee. One of my harassers work for the other gym, also. Most of the staff work in other gyms, and I am diabetic. (2) After the staff instigated a fight between me and another member in May, I had to keep the membership to file a complaint or lawsuit. The witnesses are members. (3) Locations.

So that's an overview of my lawsuit.What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
Based solely on what you have posted, it would appear you have no real case.
 

tranquility

Senior Member
You have nothing here that I see. I don't think you will be able to prove anything and are overly optimistic as to what people will testify to.

If you had an attorney and were suing in a court with full discovery, if the facts were as you say (Remember, there are two sides to everything.), you might have a case you could win. But, why?

What are your damages? In money, how much were you hurt? Prove it.
 

bghunter

Junior Member
My damage is post traumatic stress disorder and damage to my reputation. I'm trying to start a personal training business, and the employees are telling members that I was in the gym sexually harassing the trainers and instructors. I'm not overly optimistic. I just feel like I have little to lose.
 

Zigner

Senior Member, Non-Attorney
My damage is post traumatic stress disorder and damage to my reputation. I'm trying to start a personal training business, and the employees are telling members that I was in the gym sexually harassing the trainers and instructors. I'm not overly optimistic. I just feel like I have little to lose.
Oh, so now it's sexual harassment that you've been accused of.

Again, you have no case.
 

bghunter

Junior Member
Okay. Maybe I do not, but they started accusing me after I filed my complaint. I'm a member--not an instructor or trainer. The person who came after me is an instructor. Further, I began working out alone in a corner of the weight room before they began accusing me. If I were sexually harassing them, wouldn't I have stayed in their classes to have access to them?
 

Zigner

Senior Member, Non-Attorney
I'm sorry that you are not getting the answers you want...

Good luck with your case.
 

bghunter

Junior Member
You don't get post traumatic stress disorder from people gossipping about you.
You do from being physically attacked and having people make threats. I didn't post the entire complaint. It is five pages long. I live on Chicago's South Side. People don't just make threats here; they carry them out. I haven't lived in Chicago since childhood and am not used to the level of violence here, nor the lack of boundaries I've come across.
 

bghunter

Junior Member
So you were trying to poach clients from the actual employees of the gym?
No. After my doctor and dietitian heard what was happening, they told me that the employees were jealous. I have a PhD in education and lost 70 lbs and got rid of my diabetes, etc. Once I got relegated to working out alone I took off a lot of weight and got toned. The staff is partly upset because they are not getting credit for it and the members are commenting about it. My doctor and dietitan then said that if I got certified they would give me clients, because they have a difficult time finding personal trainers who are good educators. I had not thought about being a personal trainer. However, it didn't seem like a bad idea. So after about a month, I told them that I would. I haven't gotten certified, because I'm still dealing with this. So no I have no clients and no I do not need the gym's clients.

This may seem like it's funny to you, but I am often stopped on the streets by people who tell me that I am beautiful. It happened on the bus just the other day. I walked into a bar and had someone I didn't know start kissing all over me recently. People also don't realize that I am fifty. I guess I'm better looking than I thought. I also am very intelligent. I have four master's degrees, two tech certifications, and a PhD. And I had a lot of friends in the gym. I personable. However, I had problems with getting both members and staff to accept the word, No. And I am black, female, and gay. All of those things collude to make life rough. An attorney suggested me to sue for intentional infliction of emotional distress to get around that fact. All I asked is if I sued the right people? I never asked if I had a case.
 

Zigner

Senior Member, Non-Attorney
No. After my doctor and dietitian heard what was happening, they told me that the employees were jealous. I have a PhD in education and lost 70 lbs and got rid of my diabetes, etc. Once I got relegated to working out alone I took off a lot of weight and got toned. The staff is partly upset because they are not getting credit for it and the members are commenting about it. My doctor and dietitan then said that if I got certified they would give me clients, because they have a difficult time finding personal trainers who are good educators. I had not thought about being a personal trainer. However, it didn't seem like a bad idea. So after about a month, I told them that I would. I haven't gotten certified, because I'm still dealing with this. So no I have no clients and no I do not need the gym's clients.

This may seem like it's funny to you, but I am often stopped on the streets by people who tell me that I am beautiful. It happened on the bus just the other day. I walked into a bar and had someone I didn't know start kissing all over me recently. People also don't realize that I am fifty. I guess I'm better looking than I thought. I also am very intelligent. I have four master's degrees, two tech certifications, and a PhD. And I had a lot of friends in the gym. I personable. However, I had problems with getting both members and staff to accept the word, No. And I am black, female, and gay. All of those things collude to make life rough. An attorney suggested me to sue for intentional infliction of emotional distress to get around that fact. All I asked is if I sued the right people? I never asked if I had a case.
Why don't you ask the attorney who suggested that you sue? :rolleyes::rolleyes::rolleyes:
 
I'll assume that everything the OP originally posted is true & the allegations are true too.

Small claims is not the venue which is authorized to hear this type of case. The judge will dismiss it without prejudice or with prejudice. You can then re-file in district court if you wish if the court dismisses w/o prejudice -- you'll be out of luck if he dismisses with prejudice.

Or you could withdraw the case w/o prejudice and file in district court.

Right now, your case isn't going to even be heard on its merits.
 

ecmst12

Senior Member
Find another gym in a better neighborhood.

Perhaps before you work on that certification, you need to take a class in assertive body language and how to carry yourself so people don't start "kissing on you" uninvited. And a self-defense course so you can handle it if they do.
 

bghunter

Junior Member
I'll assume that everything the OP originally posted is true & the allegations are true too.

Small claims is not the venue which is authorized to hear this type of case. The judge will dismiss it without prejudice or with prejudice. You can then re-file in district court if you wish if the court dismisses w/o prejudice -- you'll be out of luck if he dismisses with prejudice.

Or you could withdraw the case w/o prejudice and file in district court.

Right now, your case isn't going to even be heard on its merits.
Thank you! Is district court a state court or a federal court, and do I continue to sue based on the causes of action outlined? Do I need to hire an attorney for have it heard in district court?

The reason I have not gone back to the original attorney is because I'm broke right now. I originally paid for a consultation with an attorney that Lambda referred me to.
 

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