Hobert v. Covenant Children's Home

In Hobert v. Covenant Children's Home, 309 Ill. App. 3d 640, 723 N.E.2d 384, 243 Ill. Dec. 352 (2000), the plaintiff brought a suit against a social worker and his employer, Covenant Children's Home (Covenant), for injuries sustained as a result of alleged sexual abuse by the social worker. The trial court dismissed the counts against Covenant, finding that section 13--202.2 of the Code did not apply to nonabusers. The reviewing court reversed the trial court's decision, determining that there was no reason for limiting the scope of section 13--202.2 of the Code to the abuser. Hobert, 309 Ill. App. 3d at 643. The reviewing court explained that its conclusion was based on the plain language of section 13--202.2 of the Code and further stated: "Nowhere does the statute limit its application to injuries that are the result of childhood sexual abuse by the abuser. We fail to see how the phrase 'based on' could be read to mean anything other than any action brought for injuries suffered as a result of childhood sexual abuse, whether it be at the hands of the abuser or by reason of a party's nonaction when such party had a duty to protect the child being abused. Accordingly, we hold that section 13--202.2 may apply to a nonabuser to toll the statute of limitations when the nonabuser had a duty to protect the child-victim." Hobert, 309 Ill. App. 3d at 644.