# Kolegas v. Heftel Broadcasting Corp.

> Illinois Supreme Court · December 4, 1992 · 154 Ill. 2d 1

URL: https://www.frixlaw.com/law-library/cases/9715653

## Case

- **Full name:** ANTHONY N. KOLEGAS Et Al., Appellants and Cross-Appellees, v. HEFTEL BROADCASTING CORPORATION Et Al. (Heftel Broadcasting Corporation, Appellee and Cross-Appellant)
- **Court:** Illinois Supreme Court
- **Decided:** December 4, 1992
- **Citations:** 154 Ill. 2d 1; 180 Ill. Dec. 307; 607 N.E.2d 201; 20 Media L. Rep. (BNA) 2105; 1992 Ill. LEXIS 202
- **Precedential status:** Published
- **Opinion:** Concurrence by Freeman
- **Judges:** Bilandic, Freeman
- **Cited by:** 379 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9715653

## How later opinions describe it (automated extraction)

- holding that the plaintiffs stated an IIED claim where radio show hosts, paid to promote the plaintiffs’ fundraiser, “ridiculed” the plaintiffs by denying that they suffered from a severe medical condition and that their fundraising for that condition was a scam, “the complain…
- concluding radio announcers’ conduct was sufficiently extreme and outrageous where they broadcast derogatory remarks about plaintiff’s wife and child with neurofibromatosis throughout the larger Chicago area and implied they had deformed heads and were hideous
- holding that radio disc jockeys’ derogatory statements constituted defamation per se and supported a claim for intentional infliction of emotional distress
- reversing dismissal of a reckless infliction of emotional distress claim where “the defendants knew that the plaintiffs would be peculiarly susceptible to emotional distress”

## Opinion text

JUSTICE FREEMAN, specially concurring:
I agree with the conclusion reached in this case. I write separately to record my concerns with the majority’s analysis in part III respecting the allegations of reckless infliction of emotional distress.
The linchpin of the conclusion that the element of extreme and outrageous conduct was satisfied by the complaint’s allegations is the fact that the Disas were able to unilaterally broadcast their remarks. (154 Ill. 2d at 22.) The majority finds that the considerable public reach permitted by the positions the Disas enjoyed in the media transformed the offensive remarks into extreme and outrageous conduct. (154 Ill. 2d at 22-23.) Were the same remarks made privately, the majority reservedly observes, “we might be more inclined to consider them ‘mere insults.’ ” 154 Ill. 2d at 22.
The majority’s observation points to a potential problem for similar cases in the future. With introduction of the concept of an audience in the determination of whether remarks constitute extreme and outrageous conduct, it may seem to matter little that what is said may be merely insulting. It is difficult to separate the content from the circumstances of any unwelcome remarks broadcasted publicly. The more extensive that broadcast the more extreme and outrageous the remarks, otherwise nonactionable if made privately, appear. That may invite a less than rigorous analysis of the content of what is broadcast.
Comment e of section 46 of the Restatement of Torts (Restatement (Second) of Torts §46 (1965)) cautions that, where the conduct is associated with abuse of a position of power, liability generally has not been recognized for mere insults. (Restatement (Second) of Torts §46, Comment e, at 74 (1965).) When evaluating a complaint’s allegations pursuant to a section 2 — 615 motion, it is essential that the public nature of the objected-to remarks does not overshadow a critical analysis of their content.
Although the majority expresses some reservation, I believe such an analysis shows the alleged remarks to be something more than mere insults. Tim and Beth Disa’s comments are easily characterized as hurtful, unfeeling, and cruel. The remarks evidence a plain ignorance of and disregard for the condition afflicting Donna and Christopher Kolegas. Neurofibromatosis — Elephant man disease — conjures images of grotesque physical deformity. It would certainly be an unfortunate state of affairs if such ridicule about a woman and child afflicted with the disease did not generate resentment against the Disas sufficient to cause an average member of the community to exclaim, “Outrageous!”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9715653. Public record. Not legal advice.