Mullen v. GLV

Dist. Ct. did not err in granting defendant’s motion for summary judgment in plaintiff’s action, alleging that defendant committed fraud with respect to its operation of volleyball club, where, although statements made by defendant with respect to club’s success and qualifications of defendant’s employees were true, defendant failed to inform public that two entities, i.e. Illinois Department of Children and Family Services and USA Volleyball, issued 1995 reports that accused one of defendant’s coaches that in 1981, 1984 and 1987 said coach had sexual intercourse with at least three under-aged girls he was training. While plaintiff contended that Illinois law required that defendant notify all potential customers of contents of said reports, even though said coach had never been charged with crime arising out of said accusations, Dist. Ct. could properly find that dismissal of plaintiff’s complaint was warranted, where she could not establish any injury to support her fraud claim. This is so, Ct. found, where plaintiff had been aware of said reports, and where plaintiff had never asked any employee of defendant about said reports and received false answer. Moreover, plaintiff was required to show that she was in some manner deceived by any misrepresentation of defendant, and she was unable to show that defendant had ever lied to her.