Case Analysis Of Plaintiff's ID/DD Community Care Act

1473 Words 6 Pages
Not yet finished, Plaintiffs then claim Frances House did not “tell the reader” what its “purpose” was in challenging certain allegations in paragraph in counts L and LIV. Plaintiff again quotes long passages from its Seventh Amended Complaint and then concludes that paragraph 25 of Counts LII and LVI is “merely a statement of medical fact.” (Pls. Resp. Mot. Dismiss at 29.) Instead of recognizing the obvious, i.e., that alleging “certain actions are indicative” of emotional distress represents an opinion, Plaintiffs reiterate their argument that somehow complying with section 2-603 of the Code and Illinois’ fact-pleading requirements would somehow undermine the ID/DD Community Care Act. Plaintiffs also quarrel with Frances House’s argument …show more content…
Indeed, in Neade v. Protes, 193 Ill. 2d 433, 443 (2000), the Illinois Supreme Court rejected Plaintiffs’ exact argument. There, the plaintiff sued a doctor for both medical negligence and breach of a fiduciary duty. Id. at 438. The supreme court declined to hold up the plaintiff’s breach of fiduciary claim, finding that the claim was merely a “re-presentment” of her medical negligence claim. Id. at …show more content…
III. Count VLII Fails to State a Battery Claim. Despite Plaintiffs’ assertion to the contrary, Frances House’s motion to dismiss count VLII is straightforward. First, Frances House argues that, because it is a corporation, it cannot commit a battery. (Mot. Dismiss at 12.) Plaintiffs concede this by quoting Illinois case law regarding vicarious liability. (Pls. Resp. Mot. Dismiss, 37.) Yet, Plaintiffs allege a battery against Frances House without identifying, or at least alluding to, the specific employee(s) who allegedly committed the battery or a specific date on which the battery was committed. Instead, Plaintiffs allege that “at all times since [Leitzen] became a resident,” unspecified employees administered psychotropic drugs to Leitzen without consent. Plaintiffs allege that Leitzen became a resident at Frances House in 2002, which necessarily means that any employee who possibly worked at France House since then has battered

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