Siklas v. Ecker Center for Mental Health, Inc.

617 N.E.2d 507, 248 Ill. App. 3d 124, 187 Ill. Dec. 299, 1993 Ill. App. LEXIS 1139
CourtAppellate Court of Illinois
DecidedJuly 29, 1993
Docket2 — 92—0504
StatusPublished
Cited by25 cases

This text of 617 N.E.2d 507 (Siklas v. Ecker Center for Mental Health, Inc.) 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
Siklas v. Ecker Center for Mental Health, Inc., 617 N.E.2d 507, 248 Ill. App. 3d 124, 187 Ill. Dec. 299, 1993 Ill. App. LEXIS 1139 (Ill. Ct. App. 1993).

Opinion

JUSTICE BOWMAN

delivered the opinion of the court:

Plaintiff, Peter Siklas, appeals from an order granting summary judgment to defendant, Ecker Center for Mental Health, Inc. (Ecker), in this negligence action. Plaintiff contends the trial court applied incorrect law and erred in finding for the defendant on the issue of duty.

The facts, as gleaned from the pleadings, admissions, depositions, exhibits, and affidavits, are as follows. Ecker was a not-for-profit corporation which offered a variety of services for the mentally ill. Plaintiff, who had a history of mental illness, indicated that he had been diagnosed as a paranoid schizophrenic. Upon release from his most recent hospitalization, in October 1987, plaintiff lived at home with his parents and siblings. Ecker first interviewed plaintiff and his parents the following April. According to the report of that interview, plaintiff sought the aid of Ecker because he wanted to get away from home and get an apartment and a job. Although he was currently under the care of a psychiatrist at a different mental health center, he wanted to obtain all his psychiatric services at Ecker. Plaintiff was assigned by Ecker to a psychiatrist, a therapist, and a case manager. He also began attending day-treatment groups.

In mid-May plaintiff was referred to Respite Care Center (Respite Center), an Ecker facility where patients could be admitted on a voluntary basis if they needed to be supervised or monitored around the clock for any reason. Plaintiff was referred to the Respite Center in order to determine if he was a suitable candidate for Ecker Center housing. While plaintiff was still living at the Respite Center, his case manager, Dan Byars, drove him around to look at apartments. Byars also referred him to Chris Elliott, one of the landlords from whom Ecker rented a number of apartments as part of its residential services program. Early in June plaintiff moved into one of Elliott’s two-bedroom units. The apartment was already occupied by Peter Chase, another client of Ecker. As best Byars could recall at his deposition, in looking for suitable housing for plaintiff, he made a determination that plaintiff would be compatible with Chase. The agreement whereby Ecker provided residential services specifically provided that case managers would attempt to place a client with the most compatible roommate. It was standard procedure for a case manager of one client to coordinate with the case manager of another client prior to making arrangements for the two clients to share housing. Under that procedure, Byars would have conferred with Chase’s case manager, Lisa Gray, and the two of them would have determined that plaintiff and Chase could live together satisfactorily. '

Plaintiff moved in with Chase some time early in June 1988. The record indicates that Ecker caseworkers regularly visited the apartments of patients who were in the Ecker residential services program. They not only inspected for cleanliness and the safety of the living quarters, but also checked the clients’ mental status and determined whether they were taking their medications. Also, as part of the housing arrangement, each client agreed to participate in all phases of the individual treatment plan worked out for him or her by Ecker.

In addition to helping him locate housing, Byars assisted plaintiff with matters involving money management and public aid and social security entitlements. Specifically, in December 1988, upon plaintiff’s request, Byars helped plaintiff fill out the paper work to have the payee on his social security checks changed from his mother. Plaintiff wanted the checks in his own name, but, after some discussion, he and Byars agreed that Ecker Center should be the payee. They also worked out a budget for plaintiff to live on after the change was made. In March 1989, Byars helped plaintiff set up a direct deposit for his social security checks. Plaintiff could then withdraw money, provided an Ecker employee also signed the withdrawal slip.

During the time plaintiff lived in the apartment with Chase, he continued to see Byars as well as his therapist and psychiatrist, either on a regular or as-needed basis. In September 1988, Byars reported that plaintiff appeared to be fairly well adjusted to living in his apartment and with his roommate. According to a December 1988 report there had been some issue concerning a door and window left open in the apartment. Byars talked to plaintiff, Chase, and the landlord about the problem.

Toward the end of 1988 Ecker decided to discontinue its apartment leasing program. According to the deposition of Kay Edlebeck, director of case management services for Ecker, she told Chris Elliott he would need to make arrangements directly with the clients if he chose to lease to them and they chose to stay in their respective apartments. Dan Byars’ monthly summary for January 1989 indicates that he discussed this change with plaintiff and explained to plaintiff how he could make rent payments directly to the landlord in the future.

In the spring of 1989 Ecker became aware that plaintiff’s condition was deteriorating and that he was not getting along with his roommate, Chase. In May Dan Byars reported that he told plaintiff he should go to Respite Center, but plaintiff at first refused. Byars also spoke to plaintiff’s parents, but they were not willing to have plaintiff live with them. Plaintiff finally did go to Respite Center on May 26, but stayed only three or four days.

Chase’s case manager, Lisa Gray, similarly reported that Chase came to her several times during May about problems with plaintiff. As Byars did to plaintiff, Gray suggested, among other options, that Chase go to Respite Center until the problem was resolved, but Chase declined.

Chase had been assigned by Ecker to Dr. Franklin for psychiatric care. In the report of an interview on May 16, 1989, Dr. Franklin stated that Chase was under great stress from his roommate, who was not taking his medication, was keeping Chase up at night, and, in Dr. Franklin’s words, was apparently operating in a psychotic manner. Dr. Franklin added: “The patient is barely able to handle his anger at his apartment-mate, and he also fears that in retaliation he may be physically hurt.” The doctor also told Chase he could ask plaintiff to move and assume the full responsibility for the apartment. On June 6, 1989, Dr. Franklin reported that Chase had lost his job because of being upset and explained: “He is enraged with his roommate and hit him once. He came in requesting sleep medication because his roommate is up all night shuffling around and talking in a loud voice. *** He also has feelings about leaving any conflict and stated that his mode is to fight rather than engage in flight.” At his deposition Dr. Franklin indicated that, after the May 16 interview, he became worried about plaintiff and Chase being a “bad mix,” and he did not think they should remain roommates. He indicated that he relayed these concerns to Ecker personnel “more than once, possibly more than twice, possibly more than three times.”

Early in June, Byars visited plaintiff’s apartment and found him arguing with Chase. Byars again offered plaintiff the opportunity to go to Respite Center, without success. Over the next few days plaintiff and Byars began actively searching for a new apartment for plaintiff.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Durowade v. Lenny's Gas-N-Wash Sauk Trail, LLC
2024 IL App (1st) 231431-U (Appellate Court of Illinois, 2024)
Andrews v. Marriott International, Inc.
2016 IL App (1st) 122731 (Appellate Court of Illinois, 2016)
Bruntjen v. Bethalto Pizza, LLC
2014 IL App (5th) 120245 (Appellate Court of Illinois, 2014)
Tedrick v. Community Resource Center, Inc.
920 N.E.2d 220 (Illinois Supreme Court, 2009)
Edwards v. City of Chicago
905 N.E.2d 897 (Appellate Court of Illinois, 2009)
Tedrick v. Community Resource Center
Appellate Court of Illinois, 2007
Tedrick v. Community Resource Center, Inc.
869 N.E.2d 421 (Appellate Court of Illinois, 2007)
Varela v. St. Elizabeth's Hospital of Chicago
Appellate Court of Illinois, 2006
Varela v. St. Elizabeth's Hospital of Chicago, Inc.
867 N.E.2d 1 (Appellate Court of Illinois, 2006)
Barnes v. Chicago Housing Authority
Appellate Court of Illinois, 2001
Platson v. NSM, America, Inc.
Appellate Court of Illinois, 2001
Wakulich v. Mraz
Appellate Court of Illinois, 2001
Charleston v. Larson
Appellate Court of Illinois, 1998
Weisblatt v. Chicago Bar Ass'n
684 N.E.2d 984 (Appellate Court of Illinois, 1997)
Lawson v. City of Chicago
662 N.E.2d 1377 (Appellate Court of Illinois, 1996)
Decker v. Domino's Pizza, Inc.
644 N.E.2d 515 (Appellate Court of Illinois, 1994)
Petersen v. US Reduction Co.
641 N.E.2d 845 (Appellate Court of Illinois, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
617 N.E.2d 507, 248 Ill. App. 3d 124, 187 Ill. Dec. 299, 1993 Ill. App. LEXIS 1139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siklas-v-ecker-center-for-mental-health-inc-illappct-1993.