Doe v. Doe
2016 IL App (1st) 153272
| Ill. App. Ct. | 2017Background
- Decedent Jane Doe II committed suicide on June 10, 2013; plaintiff (special administrator of decedent’s estate) sued six defendants (two minors and their parents) alleging negligent communications via social media caused the suicide.
- Allegations: minor John Doe II fraudulently expressed intent to self-harm; minor Jane Doe IV knowingly repeated/encouraged those representations; parents were negligent for failing to monitor/supervise their children.
- Defendants moved to dismiss all six counts under 735 ILCS 5/2-615, arguing decedent’s suicide was an independent intervening act breaking causation and plaintiff failed to plead foreseeability or parental notice of prior dangerous conduct.
- Trial court granted the motions, dismissed all counts with prejudice, denied motions to reconsider and for leave to amend; plaintiff appealed.
- Appellate court reviewed de novo whether the complaint, taken as true, stated actionable negligence — focusing on duty, breach, proximate cause (foreseeability), and adequacy of pleading for negligent supervision and any amendable defects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff pleaded that decedent’s suicide was a foreseeable proximate result of defendants’ conduct | Complaint alleged defendants’ communications precipitated decedent’s severe anguish and suicide; plaintiff maintained foreseeability was adequately alleged | Suicide is an independent, unforeseeable intervening act as a matter of law, so causation is broken unless alleged facts show foreseeability | Held for defendants — plaintiff failed to plead facts showing suicide was a foreseeable, likely result; conclusory pleadings insufficient |
| Whether negligent supervision claims sufficiently alleged parental notice of prior conduct | Plaintiff contended parents failed to monitor and thereby allowed the harmful communications | Parents argued plaintiff did not allege specific prior instances putting them on notice such that negligent supervision could be pleaded | Held for defendants — complaint lacked allegations that parents knew of prior conduct creating notice; dismissal proper |
| Whether exceptions to the "suicide rule" apply (e.g., caused insanity or defendant assumed custodial/clinical duty) | Plaintiff argued at amendment stage that John Doe II knew decedent was suicidal and deliberately encouraged her, making suicide foreseeable | Defendants argued no allegations fit recognized exceptions (no physical injury causing insanity; defendants not mental-health custodians) | Held for defendants — alleged facts (even if supplemented) did not invoke exceptions; suicide remains unforeseeable as matter of law |
| Whether trial court abused discretion in denying leave to amend | Plaintiff asserted she could plead additional facts (e.g., John Doe II knew decedent was suicidal and encouraged her) to cure defects | Defendants noted plaintiff never tendered a proposed amended complaint or specified factual amendments; amendment would not plausibly cure legal deficiencies | Held for defendants — denial not an abuse of discretion; plaintiff failed to present proposed amended pleading or facts to show cure |
Key Cases Cited
- Boyd v. Travelers Ins. Co., 166 Ill. 2d 188 (Ill. 1995) (elements of negligence: duty, breach, proximate cause, damages)
- Martin v. Heinold Commodities, Inc., 163 Ill. 2d 33 (Ill. 1994) (proximate cause requires injury be natural, not remote, consequence of defendant’s act)
- Jarvis v. South Oak Dodge, Inc., 201 Ill. 2d 81 (Ill. 2002) (on section 2-615 review court accepts well-pled facts but not conclusions)
- Lott v. Strang, 312 Ill. App. 3d 521 (Ill. App. Ct.) (parental negligent supervision requires notice of prior specific conduct)
- Loyola Academy v. S&S Roof Maintenance, Inc., 146 Ill. 2d 263 (Ill. 1992) (factors for evaluating denial of leave to amend)
- Dembski v. Lynwood Development Corp., 23 Ill. 2d 395 (Ill. 1961) (trial court’s discretion on amendments)
- Winger v. Franciscan Medical Center, 299 Ill. App. 3d 364 (Ill. App. Ct.) (exception where mental-health custodian fails to prevent suicide)
- Stasiof v. Chicago Hoist & Body Co., 50 Ill. App. 2d 115 (Ill. App. Ct.) (exception where defendant’s physical injury causes insanity leading to suicide)
- Little v. Chicago Hoist & Body Co., 32 Ill. 2d 156 (Ill. 1965) (affirming application of insanity-caused-suicide exception)