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Doe v. Big Brothers Big Sisters of America8/16/2005
training. Although America contemplates that all affiliates will follow the One-To-One mentoring program, the Standards provide a procedure for an affiliate to request that a different model be accepted.
In August 1998, Chicago employed Philip Kaszynski as a full-time case manager whose responsibility was to match volunteers to children. At this time, Kaszynski was trained by Susan McGee, assistant director, and Janet Takehara, another case manager. Both of these individuals, as well as others, supervised Kaszynski. Thereafter, Kaszynski switched to part-time and applied to become a volunteer. After McGee interviewed Kaszynski, he was accepted as a volunteer. In 1999, plaintiff enrolled her 10-year-old son, John, in the Big Brothers program upon the recommendation of a grief counselor following the death of John's grandfather. In November 2000, Kaszynski was matched with John as a mentor. Subsequently, Kaszynski sexually abused John until approximately March 2002, when he was arrested for pornography and sexual abuse of several children, including John.
On March 25, 2002, plaintiff filed a complaint against Kaszynski, America, and Chicago , alleging that Kaszynski sexually abused John. Count I was a claim against Kaszynski for sexual abuse, count II was a claim against Chicago and America (no theory stated), and count III was a claim against Chicago and America based on negligence. Thereafter, both America and Chicago moved to dismiss the complaint. Before the trial court ruled on the motions, it allowed plaintiff to file an amended complaint. On August 27, plaintiff filed her amended complaint. Count I was a negligence claim against Kaszynski, count II a claim against Chicago based on respondeat superior, count III a claim against Chicago based on negligent hiring and supervision, count IV a claim against America based on respondeat superior, and count V a claim against America based on negligent hiring and supervision. Chicago and America again moved to dismiss.
On January 17, 2003, the trial court granted Chicago 's motion to dismiss count II pursuant to section 2-615 of the Code of Civil Procedure (730 ILCS 5/2-615 (West 2004)) with prejudice and granted America's motion to dismiss counts IV and V pursuant to both sections 2-615 and 2-619 with prejudice. Although the trial court dismissed these counts with prejudice, it nonetheless granted plaintiff leave to amend her complaint, but only with respect to America. On February 13, plaintiff filed her second amended complaint. On July 24, plaintiff filed her third amended complaint. Count I was a claim for negligence against Kaszynski, count II against Chicago for negligent hiring and supervision, and count III against America for negligent hiring and supervision.
On February 11, 2004, America filed a motion for summary judgment. America alleged that it owed no duty to protect John from another's criminal conduct; that plaintiff did not allege any special relationship imposing a duty on it; and that there was no evidence of any voluntary undertaking by it creating a duty in favor of John. Attached to the motion were the depositions of Mack Koonce, executive vice president and CEO of America, Susan McGee, Janet Takehara, Jane Doe, and John Doe. Also attached were the Agreement and Standards. According to Koonce's deposition, America's main office was in Philadelphia and it had eight regional offices, none of which were in Chicago. Koonce stated that the purpose of the regional offices was to work with affiliate members, such as Chicago. With respect to the relationship between America and Chicago, Koonce testified that America grants its name and support services to the affiliates in connection with marketing, fund developme
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