2012 IL 112393
Ill.2012Background
- Bonhomme sued St. James in seven counts alleging damages from a fraudulent online relationship.
- The Kane County circuit court dismissed all counts with prejudice except fraud in the misrepresentation claim, which was dismissed without prejudice.
- Bonhomme filed a third amended complaint alleging a single fraudulent misrepresentation count; the trial court dismissed it with prejudice.
- The appellate court largely affirmed the dismissal of the abandoned counts but reversed the dismissal of the third amended complaint (majority), with one justice dissenting.
- The Supreme Court granted leave to review and consolidated the appeals to address abandonment/preservation and the reach of fraudulent misrepresentation in this context.
- The Court held that Bonhomme abandoned the six counts not reincorporated into the third amended complaint, so those claims could not be reviewed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of dismissed claims after amendment | Bonhomme preserved review via motions and notices. | Foxcroft/Boatmen's require waiver by non-incorporation in final pleading. | Waiver applies; abandoned six counts; review of those claims barred. |
| Fraudulent misrepresentation in purely personal settings | Doe permits expansion beyond commercial contexts. | Purely personal setting precludes fraud claim. | Fraudulent misrepresentation not recognized in purely personal settings; complaint properly dismissed. |
Key Cases Cited
- Foxcroft Townhome Owners' Ass'n v. Hoffman Rosner Corp., 96 Ill. 2d 150 (1983) (waiver of dismissed claims when amended pleading not incorporated)
- Barnett v. Zion Park Dist., 171 Ill. 2d 378 (1996) (waiver when not incorporated into final amended pleading)
- Boatmen's Nat'l Bank of Belleville v. Direct Lines, Inc., 167 Ill. 2d 88 (1995) (assurance of preservation does not excuse waiver of earlier claims)
- Doe v. Dilling, 228 Ill. 2d 324 (2008) (fraudulent misrepresentation not limited to commercial settings; does not expand to purely personal facts without policy basis)
- Tabora v. Gottlieb Memorial Hospital, 279 Ill. App. 3d 108 (1996) (simple notice can preserve issues; Foxcroft principle applied)
- Vilardo v. Barrington Community School Dist. 220, 406 Ill. App. 3d 713 (2010) (preservation for review discussed in appellate context)