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Doe v. Big Brothers Big Sisters of America8/16/2005
nt, and training and education. However, America and Chicago are separate corporations. With respect to training, Koonce stated that the training America offered to affiliates was periodic and optional and dealt with management (the basics of matching children to mentors), fund development, marketing, partnership development, and the board of directors. Koonce further stated that affiliates can have their employees trained by America through the regional office and that case managers are trained at the regional office. According to Koonce, if affiliates send their employees to a training program, they are supplied with manuals, which would include any training on sexual abuse prevention. Koonce stated that America requires all new chief professional officers and executive directors of affiliates to receive training, but that it does not directly train mentors.
With respect to control over Chicago , Koonce testified that America does not provide any type of supervision of the affiliates' employees, it does not provide operation manuals, and it does not provide a skeleton outline of appropriate behavior of a mentor--it is up to the affiliates to establish their own policies in these matters. Koonce admitted that America could cancel an affiliation for the reasons set forth in the Standards. Koonce further stated that America only reviews an affiliate's performance every five years and this is the only time America is able to randomly check the affiliate's policies or employees.
Thereafter, plaintiff responded to America's motion for summary judgment, attaching plaintiff's "Declaration" and Koonce's deposition. On May 3, plaintiff moved to supplement her response, seeking to attach the America Bar Association's Criminal Sexual Abuse Study (ABA Study) that was undertaken by America in connection with claims and allegations of sexual abuse in its organization. Although the trial court originally denied this motion, after America stipulated to same, the trial court allowed plaintiff to supplement her response. On May 20, plaintiff filed a supplemental brief in response to America's motion for summary judgment, maintaining that the ABA's Study showed the extent to which America engaged in activities to prevent sexual abuse at its member affiliates. On June 8, plaintiff filed an emergency motion to supplement her response, seeking to include a new expert witness on America's duty and its breach of same. The same day, the trial court granted plaintiff's motion to file a fourth amended complaint against Chicago , but denied her motion to file a fourth amended complaint against America. On June 21, the trial court denied plaintiff's emergency motion to supplement her response.
The trial court then conducted a hearing on America's motion for summary judgment. At the hearing, the court noted, to plaintiff, that her arguments made in connection with summary judgment did not track the allegations of her complaint. Specifically, her complaint alleged only negligent hiring and supervision; there were no allegations with respect to America's duty to protect John from criminal conduct. Plaintiff agreed with the court that either a special relationship or voluntary undertaking was required to impose liability on America. After hearing arguments, the court granted summary judgment in favor of America, concluding there was no special relationship and no voluntary undertaking. Accordingly, the court entered an order granting America's motion for summary judgment and included Supreme Court Rule 304(a) language. 155 Ill. 2d R. 304(a). This appeal followed.
ANALYSIS
A motion for summary judgment is properly granted when the pleadings, depositions, admissions, and affidavits on file es
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