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05/13/88 Randi F., A Minor, Et Al., v. High Ridge Ymca Et Al.

May 13, 1988

RANDI F., A MINOR, ET AL., PLAINTIFFS-APPELLANTS

v.

HIGH RIDGE YMCA ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

524 N.E.2d 966, 170 Ill. App. 3d 962, 120 Ill. Dec. 784 1988.IL.745

Appeal from the Circuit Court of Cook County; the Hon. Myron T. Gomberg, Judge, presiding.

APPELLATE Judges:

JUSTICE SULLIVAN delivered the opinion of the court. PINCHAM and MURRAY, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SULLIVAN

This is an appeal from an order dismissing with prejudice three counts of an amended complaint for failure to state a cause of action. We affirm.

Plaintiffs, Ila F. and Burton F., individually and as parents and next friends of Randi F., a minor, filed a five-count amended complaint against defendants, Mary Jo Burnquist and her employer, the Young Men's Christian Association of Metropolitan Chicago . Counts I and II were directed at Burnquist, who was employed as a teacher's aide at a day-care center operated by the YMCA, and alleged that she had beaten and sexually assaulted Randi F., a three-year-old girl. Specifically, the counts made the following allegations:

"On September 19, 1985, BURNQUIST intentionally assaulted RANDI by striking RANDI with a stick and inserting the stick into RANDI'S anal area.

On numerous occasions between August 1985 and September 20, 1985, Defendant BURNQUIST intentionally assaulted RANDI while she was attending the YMCA as a pupil by committing one or more of the following harmful and offensive contacts:

A. Touched her vagina and private parts;

B. Hit her with a stick on her chest and stomach;

C. Inserted a stick in her rectal area;

D. Inserted a stick in her vaginal area;

E. Pulled her pants down and shirt up while ...


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