Lipe and Kelly Obtain Complete Dismissal of Sexual Abuse ClaimsJune 17, 2015
Plaintiff, Jane Doe, filed suit under seal against defendants, including the firm’s client, a company that assists health care facilities in medication supply and distribution. Plaintiff’s complaint included allegations that the client failed to prevent the sexual assaults of a minor on its premises. After the initial complaint was filed, Lipe and Kelly filed a motion to dismiss the counts against the client pursuant to 735 ILCS 5/2-615. The court initially granted the motion without prejudice. Thereafter, the court allowed limited discovery to be conducted. After several months of discovery disputes, and hard fought motion practice to ensure the scope of discovery remained limited, we obtained a complete dismissal, with prejudice, of all of plaintiff’s claims against the client.