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Doe v. Big Brothers Big Sisters of America8/16/2005
ns court refused to "equate those safety responsibilities with control over the means and methods of [the subcontractor's] steel erection work, particularly where [the subcontractor] maintained contractual control of the supervision and safety of its ironworkers." Martens, 347 Ill. App. 3d at 316.
With respect to supervisory control, the Martens court concluded that the plaintiffs failed to establish that the general contractor supervised the subcontractor's work or maintained extensive work site presence. Martens, 347 Ill. App. 3d at 317. Specifically, the general contractor's project manager was on the site only a couple of hours per week, its safety director visited the site two times per week, and the general contractor was not able to stop work or instruct or supervise the workers. Martens, 347 Ill. App. 3d at 317. Accordingly, the court concluded that the general contractor did not retain or exercise authority over the subcontractor's method of operation. Martens, 347 Ill. App. 3d at 318.
Lastly, with respect to operational control, the Martens court concluded that the facts demonstrated that the independent contractor was "free to perform its work in its own way and only [the independent contractor] exercised control over plaintiff's work." Martens, 347 Ill. App. 3d at 319. In other words, the general contractor did not have "extensive involvement with the operative details of the work." Martens, 347 Ill. App. 3d at 319. Initially, we note that plaintiff here did not allege in her complaint that America controlled the method and manner of work or the safety and protection of children. See Ross, 341 Ill. App. 3d at 1070. In fact, there are no allegations at all with respect to the protection of children in plaintiff's complaint.
We find that America did not retain control over Chicago or its volunteers, either by contract, supervision, or operation, let alone control over the methods of child protection or sexual abuse prevention. Contractually, there is nothing in the Agreement as to procedures or standards for protecting children from sexual abuse. In fact, a review of the Agreement does not disclose that the terms "sexual abuse, molestation, assault" or anything akin were used at all. Moreover, there is nothing in the Agreement providing that America was responsible for initiating and/or supervising a program directed at child protection. Although the contract requires America to provide the opportunity for training, there is nothing that states this training must include protection of children, and more specifically, there is nothing that specifies the extent and detail of any such training. With respect to the model required, i.e., One-To-One, contrary to plaintiff's argument, it is not the sole model that an affiliate could utilize. The Standards clearly provide that an affiliate can petition America for approval of a different type of model of mentoring. With respect to plaintiff's argument that America dictated how Chicago was to introduce its services to the community, there is no evidence of this in the Agreement. There is nothing in the Agreement dictating the nature of marketing, advertising, or the like. With respect to use of America's name and logo, we find this is insufficient in itself to demonstrate America contractually retained control over Chicago, let alone over procedures regarding child protection. See, e.g., Glover By and Through Dyson v. Boy Scouts of America, 923 P.2d 1383, 1388 (Utah 1996) (finding that the requirement of the Boy Scouts of America (BSA), the national organization, that scouts wear the Boy Scout uniform and use patches and insignia was insufficient to create a question of fact as to BSA's right to control local troops).
Th
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