Doe v. Coe

Illinois Appellate Court
Civil Court
Motions to Dismiss
Citation
Case Number: 
2018 IL App (2d) 170435
Decision Date: 
Friday, March 30, 2018
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
BIRKETT

Court dismissed with prejudice Plaintiff's complaint against church and its pastor and director of youth ministries, alleging that director of youth ministries sexually groomed and raped minor, a member of church youth group. Two counts are "omnibus counts" because they alleged sources for a duty of care other than employment relationship between church and youth director and the supervisory relationship between pastor and youth director. These claims are not premised on notice of youth director's misconduct or potential for it. Church and pastor had a duty of care requiring them to enforce the 2-adult policy, regardless of their actual or constructive knowledge of youth director's predatory potential. Reversing dismissal of negligent-hiring count, negligent-retention counts,k and willful-and-wanton counts. (HUTCHINSON and JORGENSEN, concurring.)