RANDI F. v. High Ridge YMCA

524 N.E.2d 966, 170 Ill. App. 3d 962, 120 Ill. Dec. 784, 1988 Ill. App. LEXIS 673
CourtAppellate Court of Illinois
DecidedMay 13, 1988
Docket87-2314
StatusPublished
Cited by56 cases

This text of 524 N.E.2d 966 (RANDI F. v. High Ridge YMCA) 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
RANDI F. v. High Ridge YMCA, 524 N.E.2d 966, 170 Ill. App. 3d 962, 120 Ill. Dec. 784, 1988 Ill. App. LEXIS 673 (Ill. Ct. App. 1988).

Opinion

JUSTICE SULLIVAN

delivered the opinion of the court:

This is an appeal from an order dismissing with prejudice three counts of an amended complaint for failure to state a cause of action. We affirm.

Plaintiffs, lia F. and Burton F., individually and as parents and next friends of Randi F, a minor, filed a five-count amended complaint against defendants, Mary Jo Bumquist and her employer, the Young Men’s Christian Association of Metropolitan Chicago (YMCA). Counts I and II were directed at Bumquist, who was employed as a teacher’s aide at a day-care center operated by the YMCA, and alleged that she had beaten and sexually assaulted Randi E, a three-year-old girl. Specifically, the counts made the following allegations:

“On September 19, 1985, BURNQUIST intentionally assaulted RANDI by striking RANDI with a stick and inserting the stick into RANDI’S anal area.
On numerous occasions between August 1985 and September 20, 1985, Defendant BURNQUIST intentionally assaulted RANDI while she was attending the YMCA as a pupil by committing one or more of the following harmful and offensive contacts:
A. Touched her vagina and private parts;
B. Hit her with a stick on her chest and stomach;
C. Inserted a stick in her rectal area;
D. Inserted a stick in her vaginal area;
E. Pulled her pants down and shirt up while RANDI protested.”

Counts III (intentional assault), IV (intentional infliction of emotional distress) and V (loss of society and companionship) were directed at the YMCA, based on the doctrine of respondeat superior, and alleged that the foregoing acts were committed “during the course of” Burnquist’s employment at the YMCA day-care center, which employment included “the care, custody, control, supervision and discipline” of Randi and other children. Plaintiffs further alleged that as a direct and proximate result of these acts, Randi “suffered pain and physical injury” and “severe emotional distress” which required both medical and psychiatric care.

Defendant YMCA moved to dismiss counts III, IV and V of plaintiffs’ amended complaint for failure to state a cause of action. The YMCA argued that it could not be held liable under the doctrine of respondeat superior for the acts of Burnquist because those acts were not done within the scope of her employment. The circuit court agreed and dismissed counts III, IV and V with prejudice. This appeal followed.

A motion to dismiss admits as true for the purpose of the motion, all facts well pleaded together with all reasonable inferences which could be drawn therefrom (Hubbard v. Aetna Insurance Co. (1976), 37 Ill. App. 3d 666, 669, 347 N.E.2d 396), but no conclusions of law or conclusions of fact unsupported by allegations of specific facts upon which such conclusions rest (Cain v. American National Bank & Trust Co. (1975), 26 Ill. App. 3d 574, 578, 325 N.E.2d 799). Although pleadings are to be liberally construed (Ill. Rev. Stat. 1985, ch. 110, par. 2 — 603(c); Knox College v. Celotex Corp. (1981), 88 Ill. 2d 407, 420-21, 430 N.E.2d 976), a complaint nevertheless must be dismissed if it fails to “set forth a legally recognized claim as its avenue of recovery” or “plead facts which bring the claim within the legally recognized cause of action alleged” (People ex rel. Fahner v. Carriage Way West, Inc. (1981), 88 Ill. 2d 300, 308, 430 N.E.2d 1005).

Plaintiffs contend that the allegations in counts III, IV and V of the amended complaint are sufficient to state a cause of action against the YMCA on the theory of respondeat superior. It is the YMCA’s position, however, that counts III, IV and V are both legally and factually insufficient and that dismissal was, therefore, proper.

Under the doctrine of respondeat superior, an employer may be liable for the negligent, wilful, malicious or even criminal acts of its employees when such acts are committed in the course of employment and in furtherance of the business of the employer; however, the employer is not liable to an injured third party where the acts complained of thereby were committed solely for the benefit of the employee. See Webb v. Jewel Cos. (1985), 137 Ill. App. 3d 1004, 1006, 485 N.E.2d 409 (and the cases cited therein).

Plaintiffs assert that the trial court erred in ruling, as a matter of law, that Burnquist was not acting within the scope of her employment, but rather acted solely for her own benefit in assaulting and sexually molesting their daughter. We disagree. Although the issue of whether an employee has departed from the scope of employment by acting purely for her own interest, rather than at least in part for the employer, is normally a question for the jury (Sunseri v. Puccia (1981), 97 Ill. App. 3d 488, 493, 422 N.E.2d 925), in our judgment, counts III, IV and V of the amended complaint were both factually and legally insufficient and were properly dismissed on the YMCA’s motion.

Initially, we observe that the complaint failed to allege that the acts occurred in the course of Bumquist’s employment with the YMCA, or any facts from which that conclusion reasonably could be inferred. The complaint alleged only that Burnquist was “a teacher’s aide,” and that the acts occurred “during the course” of her employment at the day-care center, which employment included “the care, custody, control, supervision and discipline” of Randi and other children.

Plaintiffs, however, argue that it is reasonable to infer that “a person in charge of [a] day care program” with responsibilities for “the care, custody, control, supervision and discipline” of small children “would be required to help these toddlers with their bathroom details.” “Such details,” plaintiffs continue, “would certainly include the helping of a child with [her] clothing to complete [her] bathroom duties and would also encompass the touching of private parts if necessary to help in maintaining the child’s hygiene.” Plaintiffs argue further that it is reasonable to infer that “as a day care instructor,” Burnquist would be expected to exercise “some degree of discipline” over the children “in their bathroom duties.”

There are several difficulties with this argument. First, nowhere in the amended complaint is Burnquist described as “a person in charge of [a] day care program,” or “a day care instructor,” as plaintiffs refer to her in their briefs.

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Bluebook (online)
524 N.E.2d 966, 170 Ill. App. 3d 962, 120 Ill. Dec. 784, 1988 Ill. App. LEXIS 673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/randi-f-v-high-ridge-ymca-illappct-1988.