Lidecker v. Kendall College

550 N.E.2d 1121, 194 Ill. App. 3d 309, 141 Ill. Dec. 75, 1990 Ill. App. LEXIS 78
CourtAppellate Court of Illinois
DecidedJanuary 19, 1990
Docket1-88-3630
StatusPublished
Cited by51 cases

This text of 550 N.E.2d 1121 (Lidecker v. Kendall College) 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
Lidecker v. Kendall College, 550 N.E.2d 1121, 194 Ill. App. 3d 309, 141 Ill. Dec. 75, 1990 Ill. App. LEXIS 78 (Ill. Ct. App. 1990).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court;

Plaintiffs Mary C. Lidecker, Antoinette Maglione, Maureen Baldridge and Mary Barrett were nursing students at defendant Kendall College in Evanston, Illinois, where defendant Dr. Andrew Cothran was president and defendant Albert L; Furbay was vice-president for academic affairs. Plaintiffs sued defendants after discovering that the school was not accredited. In a trial without a jury, the trial court granted defendants’ motion for judgment at the close of plaintiffs’ case in chief. Plaintiffs appeal, contending that the trial court’s decision is against the manifest weight of the evidence because plaintiffs established their claims of common law and statutory fraud, and their claim for breach of contract.

The extensive transcript of proceedings has been thoroughly reviewed. The evidence is summarized here.

On December 12, 1985, plaintiffs filed a 105-page complaint alleging common law fraud, violations of the Consumer Fraud and Deceptive Business Practices Act (Ill. Rev. Stat. 1985, ch. 121V2, par. 262 et seq.), violations of the Uniform Deceptive Trade Practices Act (Ill. Rev. Stat. 1985, ch. 121V2, par. 312 et seq.), and breach of contract. Plaintiffs focused the theories on defendants’ failure to affirmatively inform plaintiffs prior to their enrollment that the nursing program was not yet eligible to receive accreditation by the National League for Nursing, Inc. (NLN), a private organization which accredits nursing education programs, and defendants’ failure to communicate the significance of the lack of accreditation.

At the February 1988 trial, plaintiffs presented 11 witnesses, including defendants Cothran and Furbay, and Alma Labunski, the former director of Kendall’s nursing program. Plaintiffs also introduced 70 exhibits into evidence.

Cothran testified that he had been Kendall’s president since 1972. Furbay testified that he became Kendall’s vice-president for academic affairs and dean of the college on October 1, 1983. Thus, he had no responsibility for preparation of the 1981-83 Kendall catalogue or other descriptive information distributed to plaintiffs. (Plaintiffs do not contest that fact, but still seek to impose liability upon Furbay). Labunski became director of the nursing program in March 1982. La-bunski worked closely with most aspects of the college’s request for NLN accreditation.

In 1976, Kendall began offering a four-year nursing program with a bachelor’s degree. In November 1978, Kendall was given permission to initiate the nursing program by the Committee of Nurse Examiners of the Illinois State Department of Registration and Education. Its first class began in the 1979-80 academic year. Plaintiffs Lidecker and Maglione transferred to Kendall in fall 1982 as sophomores from Oakton Community College. Plaintiff Baldridge also entered the nursing program as a sophomore in fall 1982. Plaintiff Barrett reenrolled as a sophomore in fall 1982.

The catalogue described a program which would prepare students for “entry-level positions” in nursing; prepare students “for licensure as Registered Nurses”; “prepare students for the practice of professional nursing” and the delivery of health care. The catalogue stated that Kendall was empowered by relevant agencies to offer the nursing program. There was no reference to accreditation by any professional group. In fact, NLN accreditation could not be received until the program graduated its first class of students in June 1983.

Plaintiffs testified that they made little or no effort to obtain information about the nursing program or accreditation prior to enrolling. Baldridge never read the college catalogue. Barrett obtained no written material about the program. Lidecker and Maglione looked through the catalogue.

In fall 1982, plaintiffs were enrolled in Nursing 211. Labunski attended several class sessions. She informed the class that NLN was a voluntary, independent accrediting body that would evaluate the nursing program after the first class graduated in 1983. She explained the accreditation process. She also answered questions regarding accreditation and explained that accreditation was not necessary for the li-censure examination or for obtaining employment. Lidecker and Mag-lione denied that Labunski ever discussed the significance of accreditation. Baldridge testified to the contrary. Plaintiffs sought no further information, but continued as students, although they could have transferred to another program at the end of their sophomore year without having to repeat any course work. They would then have received their B.S.N. degree in June 1985, as planned.

In February 1984, the NLN site-visitation team began its accreditation process. They met -with nursing students to get their views of the school. On April 4, 1984, NLN voted to deny initial accreditation. Labunski then met with the students to inform them that the application had been denied and that Kendall would appeal the decision. In June 1984, the appeal was denied.

On July 2, 1984, Kendall officials met with the students. Students, including plaintiffs, who had completed their junior year could remain at Kendall for their final year. They could also transfer to another nursing program. However, they might not be given senior status in another program due to a different sequencing of courses, and might have to repeat their junior year. Ten of the fifteen members of that class returned to Kendall for their senior year. After graduation, nine immediately passed the State licensure examination, and the tenth graduate passed shortly thereafter. They were all employed in staff nursing jobs equal to those occupied by graduates from accredited programs. One entered a graduate nursing program. The four plaintiffs chose to transfer to Rush University, where they repeated their junior years and graduated in 1986. At trial, Baldridge testified she worked at Children’s Memorial Hospital, where three Kendall nursing program graduates also worked. Lidecker worked at Glenbrook Hospital, where one Kendall graduate worked. Lidecker knew of five other Kendall graduates working as nurses in Chicago-area hospitals.

At the close of plaintiffs’ case in chief, defendant moved for judgment pursuant to section 2 — 1110 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 1110) on the grounds that plaintiffs failed to present sufficient evidence to warrant further proceedings. The parties submitted briefs, and the court granted the motion. On June 9, 1988, the trial court entered a written decision. On November 14,1988, the court denied plaintiffs’ motion for reconsideration.

Plaintiffs first contend that the trial court’s findings as to the fraud counts were against the manifest weight of the evidence. Initially, we note that plaintiffs incorrectly assert that the trial court was obligated to view the evidence in a light most favorable to plaintiffs. Under section 2 — 1110 of the Code of Civil Procedure, in a case tried without a jury, defendant may move for a finding or judgment at the close of plaintiff’s case. “In ruling on the motion the court shall weigh the evidence, considering the credibility of the witnesses and the weight and quality of the evidence.” (Ill. Rev. Stat. 1987, ch. 110, par.

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Cite This Page — Counsel Stack

Bluebook (online)
550 N.E.2d 1121, 194 Ill. App. 3d 309, 141 Ill. Dec. 75, 1990 Ill. App. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lidecker-v-kendall-college-illappct-1990.