Zawadzka v. Catholic Bishop

337 Ill. App. 3d 66
CourtAppellate Court of Illinois
DecidedJanuary 22, 2003
Docket1-02-1600 Rel
StatusPublished
Cited by4 cases

This text of 337 Ill. App. 3d 66 (Zawadzka v. Catholic Bishop) 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
Zawadzka v. Catholic Bishop, 337 Ill. App. 3d 66 (Ill. Ct. App. 2003).

Opinion

JUSTICE WOLFSON

delivered the opinion of the court:

On October 9, 2001, Lucyna Zawadzka filed a sexual misconduct lawsuit against Father Walter Strus, the Catholic Bishop of Chicago, and Five Holy Martyrs Catholic Church, among others. Part of her claims against the Catholic Bishop and Five Holy Martyrs was based on the doctrine of respondeat superior.

On April 26, 2002, the trial court dismissed with prejudice all counts against the Catholic Bishop and Five Holy Martyrs that were based on the doctrine of respondeat superior. On May 2, 2002, Zawadzka filed an amended complaint that contained no respondeat superior claims against the Catholic Bishop or Five Holy Martyrs. No mention was made in the amended complaint of the dismissed claims or an intent to appeal. On May 23, 2002, Zawadzka filed a notice of appeal.

On appeal, Zawadzka contends the trial court erred in dismissing the claims based on respondeat superior. We do not reach the merits of her appeal because Zawadzka waived our review of this issue. 1

BACKGROUND

According to Zawadzka’s original complaint filed on October 9, 2001, the Catholic Bishop owned and operated a Catholic parish commonly known as Five Holy Martyrs. The Catholic Bishop also employed Father Walter Strus as the parish priest assigned to Five Holy Martyrs.

Sometime before October 15, 1999, Father Strus convinced Zawadzka to move from her family home in Poland to the United States. He promised to sponsor her and assist her in finding housing and employment and obtaining permanent residence in the United States. Father Strus arranged for Zawadzka’s housing and employment upon her arrival.

When Zawadzka arrived in the United States, she became a member of Five Holy Martyrs. She had contact with Father Strus as a parishioner of Five Holy Martyrs. She would seek his advice and counsel regarding problems or concerns. Father Strus was aware he was Zawadzka’s only contact in the United States.

On October 15, 1999, Father Strus visited Zawadzka at her home and forced unwanted sexual intercourse on Zawadzka. Zawadzka became pregnant. When she told Father Strus about the pregnancy, he said he would arrange for an adoption through Catholic Charities. He told her to keep the pregnancy secret for as long as possible and keep secret that he was the father of the child. Father Strus threatened to have Zawadzka deported if she refused to cooperate.

When her pregnancy became apparent, Zawadzka was unable to continue her employment. Father Strus then provided Zawadzka with living arrangements and payments for living expenses.

Zawadzka provided false information regarding the father of the child to Catholic Charities at Father Strus’s demand. Father Strus provided the signature of the “father” on the adoption application.

In July 2000, when the child was born, Zawadzka decided not to go through with the adoption. Around October 2000, she sought assistance from the archdiocese and informed it of her position and Father Strus’s role.

When Father Strus was confronted by his superiors about the allegations, he denied paternity and suggested Zawadzka was romantically involved with another priest at Five Holy Martyrs.

In late October 2000, Father Strus submitted to DNA testing. The results confirmed that Father Strus is the father of the child.

Zawadzka’s complaint contained counts alleging negligence, intentional infliction of emotional distress, battery, invasion of privacy/ false light, defamation per se, and defamation per quod. All counts appeared to allege the Catholic Bishop and Five Holy Martyrs were vicariously hable under the doctrine of respondeat superior. Zawadzka also alleged the Catholic Bishop and Five Holy Martyrs were directly negligent.

On November 20, 2001, the Catholic Bishop and Five Holy Martyrs moved to dismiss Zawadzka’s claims against them pursuant to section 2 — 615 of the Code of Civil Procedure. 735 ILCS 5/2 — 615 (West 2000).

On April 26, 2002, Zawadzka’s claim of direct negligence against the Catholic Bishop and Five Holy Martyrs was stricken with leave to amend. Her claims of vicarious liability based on the respondeat superior were dismissed with prejudice. The court also found that under Supreme Court Rule 304(a) there was “no just reason for delay of enforcement or appeal” from the dismissal of the respondeat superior claims. See 155 Ill. 2d R. 304(a).

On May 2, 2002, Zawadzka filed an amended complaint that alleged direct negligence against the Catholic Bishop and Five Holy Martyrs but did not raise or otherwise mention the claims based on respondeat superior.

On May 23, 2002, Zawadzka filed her notice of appeal.

DECISION

Waiver

A party who files an amended complaint waives any objection to the trial court’s ruling on the former complaints. Foxcroft Townhome Owners Ass’n v. Hoffman Rosner Corp., 96 Ill. 2d 150, 153, 449 N.E.2d 125 (1983). Where the amended complaint is complete in itself and does not refer to or adopt the prior complaint, the prior complaint “ ‘ceases to be a part of the record for most purposes, being in effect abandoned and withdrawn.’ ” Foxcroft, 96 Ill. 2d at 154, quoting Bowman v. County of Lake, 29 Ill. 2d 268, 272, 193 N.E.2d 833 (1963).

In Tabora v. Gottlieb Memorial Hospital, 279 Ill. App. 3d 108, 664 N.E.2d 267 (1996), the plaintiff, a doctor, sued the defendant, a hospital, after the defendant revoked the plaintiff’s staff privileges. Tabora, 279 Ill. App. 3d at 110. On February 26, 1993, the plaintiff filed a second amended complaint. Tabora, 279 Ill. App. 3d at 111. On September 22, 1993, the trial court dismissed with prejudice portions of the second amended complaint. Tabora, 279 Ill. App. 3d at 111. On October 5, 1993, the plaintiff filed a third amended complaint that made no mention of the dismissed portions of the second amended complaint. Tabora, 279 Ill. App. 3d at 111, 114.

On January 21, 1994, the trial court dismissed with prejudice portions of the plaintiffs third amended complaint and specified that there was no just reason for delaying enforcement or appeal of the dismissed portions. Tabora, 279 Ill. App. 3d at 112. On February 16, 1994, the plaintiff filed a fourth amended complaint that made no mention of the dismissed portions of the third amended complaint. Tabora, 279 Ill. App. 3d at 112, 114. On February 17, 1994, the plaintiff filed a notice of appeal from the trial court’s January 21, 1994, order. Tabora, 279 Ill. App. 3d at 112.

The trial court issued an order on March 21, 1994, making its order of September 22, 1993, final and appealable. Tabora, 279 Ill. App. 3d at 112. On March 31, 1994, the plaintiff filed a notice of appeal from the trial court’s March 21, 1994, order.

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337 Ill. App. 3d 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zawadzka-v-catholic-bishop-illappct-2003.