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Doe v. Big Brothers Big Sisters of America8/16/2005
t the franchisor voluntarily undertook a duty with respect to security measures where it had a formal standards committee that recommended to franchisees what security measures to adopt, it adopted a cash-management system that was mandatory on all franchisees, it had a consultant employed to ensure all franchisees complied with its security standards, and its consultant trained the managers at the local stores in safety and security. Decker, 268 Ill. App. 3d at 528. Similarly, in Martin v. McDonalds Corp., 213 Ill. App. 3d 487, 572 N.E.2d 1073 (1991), the court again concluded that the franchisor voluntarily undertook a duty to provide security where a branch of the company was designated to deal with security problems, it created a "bible" for store security, and its regional security manager checked to ensure that security standards and policies were followed. Martin, 213 Ill. App. 3d at 491.
The instant case is more akin to Chelkova and Castro. America did not implement a child protection or child sexual abuse prevention program that was mandatory on Chicago , nor did it create a "bible" of required procedures. Specifically, America did not specify any details of policies that Chicago was required to adopt or measures it was required to take. Additionally, America did not have a formal committee on child protection, nor did it employ an individual responsible for ensuring implementation and compliance, and it did not monitor Chicago to determine whether it was complying with standards instituted by America. Although America may have made some information available to attendees of seminars, there is no evidence the attendees were required to disseminate this information or put it into place. There is also no evidence that America could terminate the affiliation based on Chicago's failure to comply with any child protection procedures. As in Chelkova and Castro, Chicago was responsible for running its day-to-day operations and to adopt child protection or sexual abuse prevention policies as it deemed necessary. We therefore find that plaintiff failed to present evidence sufficient to create a genuine issue of material fact whether America voluntarily undertook a duty to protect John from sexual abuse. Accordingly, we affirm the trial court's grant of summary judgment on this ground. Based on our resolution of this issue, we need not address the question of plaintiff's reliance.
CONCLUSION
For the reasons stated, we affirm the judgment of the circuit court of Cook County.
Affirmed.
WOLFSON and GARCIA, JJ., concur.
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