Doe v. Diocese of Dallas
| Decision Date | 07 March 2008 |
| Docket Number | No. 5-06-0383.,5-06-0383. |
| Citation | 379 Ill. App.3d 782,885 N.E.2d 376 |
| Parties | John DOE A., Plaintiff-Appellant, v. DIOCESE OF DALLAS, Diocese of Belleville, Archdiocese of St. Louis, and Father Kenneth Roberts, Defendants-Appellees. |
| Court | United States Appellate Court of Illinois |
John Doe A. appeals from the trial court's February 17, 2006, order dismissing his complaint with prejudice as being barred under the 1994 childhood sexual abuse statute of limitations (735 ILCS 5/13-202.2 (West 1994)) and concluding that a more recent limitations statute for survivors of childhood sexual abuse (735 ILCS 5/13-202.2 (West Supp.2003)) was inapplicable because the earlier applicable limitations period had already expired before the enactment of the later statute and thus could not be revived by this later legislative enactment. We reverse and remand.
The plaintiff in this case alleges that he was sexually molested by Father Kenneth Roberts one time in 1984 when Father Roberts was a guest speaker at the plaintiff's Catholic grade school in Belleville, Illinois. As we will detail in this opinion, allegations of sexual misconduct had been lodged against Father Roberts prior to this Belleville engagement.
The plaintiff was born on May 5, 1970, into a devout Catholic family. By 1984, the plaintiff was considering entering the priesthood. Father Roberts came to speak at the plaintiff's school — St. Mary's Catholic Elementary School. Because of his background as a Catholic author and international speaker, Father Roberts has a prominent reputation. During the week that Father Roberts was in residence for purposes of his speaking engagement in Belleville, Illinois, the plaintiff sought permission to leave class in order to counsel with Father Roberts about his inclinations toward the priesthood. It was during this session in the parish rectory that the alleged abuse occurred. The plaintiff did not return for an additional discussion with Father Roberts, and in fact, he never saw him again.
The plaintiff went on through high school, and while he continued to explore a possibility of entering the priesthood by participating in an out-of-state religious retreat, he ultimately elected to go down a different occupational path outside of the Catholic Church. Because of his religious beliefs and teachings relative to the position held by priests within the Catholic Church, the plaintiff contends that he simply did not understand that what took place with Father Roberts in 1984 was inappropriate or illegal. Approximately four years later, the plaintiff began thinking that Father Roberts' words and actions had been inappropriate. In December 1998, in a moment of great mental anguish, the plaintiff went to the emergency room at St. Louis University Hospital, where he told an emergency room physician what had happened between him and Father Roberts back in 1984. This physician was the first person to hear the plaintiff's allegations. Thereafter, the plaintiff received treatment from two physicians upon his release from St. Louis University Hospital. During the course of that treatment, the plaintiff finally came to understand that he had been injured by Father Roberts. The plaintiff filed this lawsuit on November 12, 2003. He filed his claim against the Diocese of Dallas, the Diocese of Belleville, the Archdiocese of St. Louis, and Father Kenneth Roberts. The lawsuit was in three fraud-based counts, with allegations that the diocese defendants concealed knowledge that Father Roberts had sexually abused children before the encounter with the plaintiff, that there was no way for the plaintiff to have discovered this information, and that had he known, the plaintiff would not likely have had his 1984 meeting with Father Roberts.
In response to the suit, Father Roberts filed a motion to dismiss on the basis that the suit was barred by the statute of limitations. The Diocese of Dallas and the Archdiocese of St. Louis filed motions to dismiss alleging the court's lack of personal jurisdiction. The Diocese of Belleville filed no motion.
The trial court held a hearing on these motions to dismiss on February 1, 2006. No argument was made about the statute of limitations relative to the diocese defendants, although the plaintiff did argue against the statute of limitations as it pertained to Father Roberts. The trial court ruled on the motions on February 17, 2006, concluding that the statute of limitations barred all of the plaintiff's claims. The plaintiff filed a motion to reconsider on the basis that the diocese defendants had never raised the limitations defense. The trial court denied the motion on July 6, 2006. From the rulings on those motions, the plaintiff appeals to this court.
On appeal from a trial court's involuntary dismissal of a complaint pursuant to section 2-619 of the Code of Civil Procedure (Code) (735 ILCS 5/2-619 (West 2004)), we must determine "`whether the existence of a genuine issue of material fact should have precluded the dismissal or, absent such an issue of fact, whether dismissal is proper as a matter of law.'" Doyle v. Holy Cross Hospital, 186 Ill.2d 104, 110, 237 Ill.Dec. 100, 708 N.E.2d 1140, 1144 (1999) (quoting Kedzie & 103rd Currency Exchange, Inc. v. Hodge, 156 Ill.2d 112, 116-17, 189 Ill.Dec. 31, 619 N.E.2d 732, 735 (1993)). In other words, our review is de novo. In re Estate of Mayfield, 288 Ill.App.3d 534, 542, 223 Ill.Dec. 834, 680 N.E.2d 784, 789 (1997).
Initially, we must determine if the trial court erred in sua sponte dismissing the case with regard to all the defendants on the basis of the statute of limitations. No one questions the factual statement that only defendant Father Roberts filed a motion to dismiss on the limitations defense. Yet, the trial court dismissed the entire case — not just the case as it related to Father Roberts. The plaintiff argues that this is improper unless all the parties have raised and argued the issue. However, that is not quite in keeping with the case law. Generally speaking, a trial court "may grant a motion to dismiss even as to nonmoving defendants where the nonmoving defendants are in a position similar to that of moving defendants or where the claims against all defendants are integrally related." Bonny v. Society of Lloyd's, 3 F.3d 156, 162 (7th Cir.1993) (). More specifically, Illinois courts have rather routinely held that the dismissal of an entire complaint on limitations grounds is allowable where at least one defendant has filed a motion to dismiss on that basis. Cangemi v. Advocate South Suburban Hospital, 364 Ill.App.3d 446, 453-55, 300 Ill.Dec. 903, 845 N.E.2d 792, 800-02 (2006) (); Merritt v. Randall Painting Co., 314 Ill.App.3d 556, 558-59, 247 Ill.Dec. 400, 732 N.E.2d 116, 117-18 (2000) ().
In addition to the case law supporting the trial court's right to sua sponte dismiss the plaintiff's complaint on limitations grounds, there is the practical reason for allowing this. There would simply be no reason to allow a part of a lawsuit to continue just because a defendant had not yet filed a proper motion to dismiss or other dispositive motion alleging grounds identical to those already deemed appropriate to support a dismissal.
The plaintiff does argue that the basis for the limitations defense would be vastly different for the diocese defendants than it would be for Father Roberts. However, the plaintiff articulates no facts supporting this premise.
Accordingly, without commenting upon the ultimate issue, we find that the trial court did not err in sua sponte dismissing the complaint with regard to the defendants who had not yet raised that particular defense by way of a motion.
We next turn to the statute of limitations applicable in this case. The changes resulting in the current limitations structure began in 1991. Before that time, abuse actions seeking damages were treated as any other personal injury case. Galloway v. Diocese of Springfield in Illinois, 367 Ill.App.3d 997, 998, 306 Ill.Dec. 338, 857 N.E.2d 737, 738 (2006) (). The initial limitations statute specific to claims of childhood sexual abuse — section 13-202.2 of the Code — was enacted by our legislature in September 1990; that amendment took effect on January 1, 1991, and included a statute of repose which would not allow a plaintiff to file a claim more than 12 years from the date that the plaintiff turned 18 years of age. Pub. Act 86-1346, § 1, eff. January 1, 1991; Ill.Rev.Stat., 1990 Supp., ch. 110, par. 13-202.2; 735 ILCS 5/13-202.2 (West 1992). "In effect, then, the statute of repose barred...
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