Doe v. Coe

Illinois Supreme Court
Civil Court
Negligent Hiring
Citation
Case Number: 
2019 IL 123521
Decision Date: 
Thursday, May 23, 2019
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Appellate court affirmed in part and reversed in part; circuit court affirmed in part and reversed in part; remanded.
Justice: 
GARMAN

Student and her parents filed suit against 2 persons and several church-affiliated entities after student, then age 15, was sexually assaulted by a youth pastor. Plaintiffs alleged that churches conducted no background check on pastor at any time prior to or after hiring him, that he was often alone with minor girls, and that other persons witnessed and reported his inappropriate behavior. Court properly ordered stricken allegations as to Defendants' post-assault actions, as they do not support claims of ongoing conscious disregard or pattern of conduct prior to the assault. Allegation that no background check was ever done is a factual allegation and more than a mere conclusion. To impose a duty to supervise, only general foreseeability is required in an employment context. Notice of the particular unfitness is not a required element of the duty analysis. Plaintiffs sufficiently alleged breach of duty to supervise in failing to monitor pastor. Willful and wanton counts properly reinstated inasmuch as they overlap with the negligent supervision counts. (THOMAS, KILBRIDE, BURKE, THEIS, and NEVILLE, concurring.)