Leonardi v. Bradley University

625 N.E.2d 431, 253 Ill. App. 3d 685, 192 Ill. Dec. 471, 1993 Ill. App. LEXIS 1853
CourtAppellate Court of Illinois
DecidedDecember 13, 1993
Docket3-92-0805
StatusPublished
Cited by15 cases

This text of 625 N.E.2d 431 (Leonardi v. Bradley University) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leonardi v. Bradley University, 625 N.E.2d 431, 253 Ill. App. 3d 685, 192 Ill. Dec. 471, 1993 Ill. App. LEXIS 1853 (Ill. Ct. App. 1993).

Opinions

PRESIDING JUSTICE McCUSKEY

delivered the opinion of the court:

Plaintiff, Angenette Leonardi, appeals from an order of the circuit court of Peoria County which dismissed count II of her second amended complaint. The dismissed count of plaintiff’s complaint was a negligence action against Bradley University (Bradley). Plaintiff alleged Bradley had a duty to take reasonable precautions to protect her from sexual assault. Plaintiff claims this duty is based upon a special relationship of business inviter-invitee which existed between her and Bradley.

Plaintiff raises two issues on appeal: (1) whether the trial court erred in dismissing her complaint against Bradley; and (2) whether a special relationship of business inviter-invitee existed between plaintiff and Bradley under the circumstances of the alleged sexual assault.

We affirm the trial court’s dismissal of plaintiff’s second amended complaint. Based upon the facts alleged by plaintiff, we do not find the existence of any business inviter-invitee relationship between plaintiff and Bradley at the time of the alleged sexual assault.

On November 14, 1991, plaintiff filed her initial complaint against Adam Sanders. The complaint alleged that Sanders, on or about September 13-14, 1991, “without cause or provocation, assaulted, battered, sexually harassed and raped plaintiff.”

On January 10, 1992, an order was entered granting plaintiff leave to file an amended complaint naming Bradley as an additional party defendant. Plaintiff’s first amended complaint contained the same factual allegations against Sanders. However, an additional count II was added which made allegations of negligence against Bradley.

In count II of the first amended complaint, plaintiff alleged that, at the time of the alleged sexual assault, she was a student at Bradley and the rape occurred on Bradley’s campus. Plaintiff also alleged there was a special relationship of business inviter-invitee which existed between plaintiff and Bradley at the time of the alleged sexual assault. She alleged that Bradley knew, through a study conducted by its psychology department, “that 20.2% of first-year women and 23% of the upper class women reported that while students at Bradley they were victims of attempted or perpetrated sexual assault.”

Plaintiff alleged Bradley knew or should have known that it was reasonably foreseeable she would be the victim of a sexual assault while attending Bradley as a student. Plaintiff’s first amended complaint further alleged Bradley failed to take any action to warn her or to take reasonable and necessary precautions to protect her from sexual assault. Plaintiff concluded she was raped as a direct and proximate result of Bradley’s negligence.

On March 4, 1992, an order was entered on plaintiff’s motion allowing the filing instanter of a second amended complaint. Plaintiff’s second amended complaint expanded the factual allegations against Sanders. The factual allegations in count II against Bradley were identical to those alleged in the first amended complaint.

On March 13, 1992, Bradley filed a motion to dismiss count II of plaintiff’s second amended complaint pursuant to section 2 — 615 of the Code of Civil Procedure (Ill. Rev. Stat. 1991, ch. 110, par. 2 — 615). On April 6, 1992, Sanders also filed a motion to dismiss count I of the second amended complaint.

On August 27, 1992, the trial court granted both motions to dismiss. However, plaintiff was granted an additional 14 days to file a third amended complaint against Sanders. Count II of plaintiff’s second amended complaint against Bradley was dismissed with prejudice. The trial court found, relying on Rabel v. Illinois Wesleyan University (1987), 161 Ill. App. 3d 348, 514 N.E.2d 552, that Bradley had no duty to protect plaintiff from the criminal acts of third parties.

On September 8, 1992, plaintiff filed a third amended complaint against Sanders. In the third amended complaint, plaintiff alleged the sexual assault occurred at Sanders’ fraternity house.

Plaintiff also filed on September 8, 1992, a motion to reconsider the trial court’s order dismissing count II of the second amended complaint with prejudice. On October 13, 1992, the trial court denied plaintiff’s motion to reconsider and found there was no reason to delay an appeal of the order pursuant to Supreme Court Rule 304(a) (134 Ill. 2d R. 304(a)). Plaintiff then filed a timely notice of appeal. We note Sanders is not a party to this appeal.

On appeal, plaintiff argues the trial court erred by improperly interpreting Rabel v. Illinois Wesleyan University (1987), 161 Ill. App. 3d 348, 514 N.E.2d 552. Plaintiff contends the court in Rabel did not determine whether a business inviter-invitee relationship exists between a university and its students. We agree with plaintiffs analysis that Rabel did not discuss the business inviter-invitee relationship.

Plaintiff further argues that Bradley’s motion to dismiss should not have been granted because the facts alleged in count II of her second amended complaint were sufficient to allege a special business inviter-invitee relationship. After reviewing the entire record on appeal, we disagree with plaintiff on this issue. Plaintiff points out that courts in jurisdictions other than Illinois have recognized that a business inviter-invitee relationship exists between a university and its students. However, we believe those cases do not support plaintiff’s position in this appeal. Plaintiff is seeking reversal of the trial court’s order based upon her contention that her allegations are sufficient to state a cause of action. Plaintiff has not claimed on appeal that she should have been allowed the opportunity to further amend her complaint. Also, the record is clear that no request was made before the trial court to further amend plaintiff’s complaint.

In the case at hand, Bradley argues that Rabel conclusively stated there is no special relationship existing between a university and its students. Bradley also contends plaintiff’s complaint was properly dismissed because it had no duty to protect plaintiff. We agree with Bradley’s second argument that, based on the facts alleged, Bradley had no duty to protect plaintiff from the criminal acts which she alleged occurred in Sanders’ fraternity house.

Initially, we must agree with plaintiff that Rabel did not review the precise issue raised here. In Rabel, the plaintiff was a female college student attending Illinois Wesleyan University. She received a telephone call from a male fraternity member who asked her to meet him at the lobby of her university dormitory. When she met him, he picked her up and ran out of the dormitory and through a gauntlet of other fraternity members who struck at him with bones. The fraternity member fell while carrying the plaintiff, and the plaintiff sustained severe head injuries. Rabel, 161 Ill. App. 3d at 350-51, 514 N.E.2d at 554.

In Rabel, the plaintiff sued the fraternity member, the fraternity and the university. The Fourth District Appellate Court affirmed the trial court’s dismissal of the plaintiff’s complaint against the university.

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Leonardi v. Bradley University
625 N.E.2d 431 (Appellate Court of Illinois, 1993)

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Bluebook (online)
625 N.E.2d 431, 253 Ill. App. 3d 685, 192 Ill. Dec. 471, 1993 Ill. App. LEXIS 1853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leonardi-v-bradley-university-illappct-1993.