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NO. 5-08-0615
NOTICE Decision filed 0 1/13 /11, c o rrected 02/1 0 /11. The text of this decision may be changed or corrected prio r to the filing of a Petition for Rehearing or the disposition of the same.

IN THE APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT _________________________________________________________________________ JAMES WISNIEW SKI, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) St. Clair County. ) v. ) No. 02-L-715 ) DIOCESE OF BELLEVILLE, ) Honorable ) Lloyd A. Cueto, Defendant-Appellant. ) Judge, presiding. _________________________________________________________________________ JUSTICE STEWART delivered the judgment of the court, with opinion. Justice Welch concurred in the judgment and opinion. Justice Spomer dissented. OPINION On October 24, 2002, the plaintiff, James Wisniewski, filed a complaint against the defendant, the Catholic Diocese of Belleville (the Diocese), alleging that a priest within the Diocese, Raymond F. Kownacki, sexually abused him numerous times between 1973 and 1978. Wisniewski asserted claims against the Diocese for negligence, wilful and wanton conduct, fraud and deceit, and civil conspiracy. Wisniewski alleged that the Diocese knew that Kownacki had molested other children at other parishes before transferring him to St. Theresa's school and church in Salem, Illinois. On August 27, 2008, a jury awarded Wisniewski $2.4 million in compensatory damages and $2.6 million in punitive damages, and the circuit court entered a judgment upon the jury's verdict. The Diocese timely filed a notice of appeal of the circuit court's judgment. On appeal, the Diocese argues the following: (I) that Wisniewski's claims were barred by the applicable statute of limitations and statute of repose, (II) that Wisniewski's claims were insufficient as a matter of law, (III) that the

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circuit court abused its discretion in denying the Diocese's motion for a mental examination of Wisniewski under Illinois Supreme Court Rule 215 (eff. July 1, 2002), and (IV) that the circuit court abused its discretion in striking certain references from the records and testimony of one of W isniewski's witnesses. The Diocese does not claim that the verdict is excessive. For the following reasons, we affirm. BACKGROUND The Diocese is a religious not-for-profit corporation that ministers to more than 100,000 Catholics in the southernmost 28 counties of the State of Illinois. The Diocese includes approximately 116 parishes, 26 or 27 Catholic grade schools, and 3 high schools, and it employs approximately 140 priests. The Diocese has four officers: the bishop serves as the president or CEO of the not-for-profit corporation, the vicar general serves as the vice president, the chancellor serves as the secretary, and the chief financial officer serves as the treasurer. The vicar general is second in the Diocese's chain of command and serves as the alter ego of the bishop in the administrative affairs of the Diocese. The chancellor of the Diocese is responsible for keeping the archives, records, and official Diocese files, including personnel files. The Diocese also employs a vice-chancellor, who works as an archivist and an ecclesiastical notary but is not an officer of the not-for-profit corporation. The Diocese employs a secretary for the bishop, whose duties include keeping track of the bishop's appointments, typing letters for the bishop, serving as the bishop's driver, and visiting the various parishes in the Diocese with the bishop. The bishop, the bishop's secretary, the vicar general, the chancellor, and the vice-chancellor all work together in a building called the chancery, which is located in Belleville, Illinois. At the trial, Wisniewski presented evidence that, when he was a young boy growing up in Salem, Illinois, he and his family were parishioners of St. Theresa's parish located in Salem. Beginning in 1973, when he was 12 years old, Wisniewski endured repeated

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incidents of sexual molestation by a priest employed by the Diocese. The molestation occurred over a number of years. The priest was Raymond F. Kownacki, and at the trial, the Diocese did not deny that Kownacki committed the acts of sexual abuse described by Wisniewski. Wisniewski's claim against the Diocese is based on the assertion that the Diocese was responsible for the molestation he endured because the Diocese knew that Kownacki had molested other children at other parishes before it transferred Kownacki to St. Theresa's parish in Salem. An analysis of Wisniewski's claim against the Diocese requires a consideration of events that occurred while Kownacki was in Salem and a consideration of events that occurred during the years before and after Kownacki came to Salem. We review the facts presented at the trial in the light most favorable to the prevailing party. Quality Granite Construction Co. v. Hurst-Rosche Engineers, Inc., 261 Ill. App. 3d 21, 24, 632 N.E.2d 1139, 1141 (1994). I. The Diocese's Knowledge of Kownacki's History of Child Sexual Abuse Kownacki was born December 8, 1934, and he was first ordained as a priest in the Catholic Church on June 4, 1960. Kownacki served the Catholic Church at various locations after he was ordained, including O'Fallon and East St. Louis, Illinois, and Guatemala. The record contains little information concerning the earliest years of Kownacki's ministry. On December 9, 1970, the Diocese appointed Kownacki as the priest of a parish in the small town of St. Francisville, Illinois. At St. Francisville, Kownacki met a young girl at the parish named Gina Parks. On June 8, 1971, the Diocese transferred Kownacki to St. Martin of Tours parish in Washington Park, Illinois. Sometime in 1973, the D iocese became aware of allegations that Kownacki had sexually abused Gina. At that time, the bishop of the Diocese was Albert R. Zuroweste and the Diocese's chancellor was Monsignor Bernard Sullivan. Sullivan, the Diocese's records

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keeper, had the habit of taking extensive notes of each of his telephone conversations and meetings. On April 24, 1973, Bishop Zuroweste, Chancellor Sullivan, and another priest, Dean Braun, met with Gina Parks and her family at the chancery to discuss abuse Kownacki perpetrated against Gina. As was his custom, Sullivan took extensive handwritten notes during that meeting, and he transcribed his handwritten notes three days later. The first two paragraphs of Sullivan's April 27, 1973, typed notes detailed allegations of sexual abuse and misconduct involving Kownacki that the Diocese had previously received notice of and that were in addition to the abuse reported by Gina and her parents on April 24, 1973. Sullivan's notes began as follows: "Last year complaint from man in Guatemala that you [Kownacki] were sleeping with his daughter and she was pregnant by you. We accepted explanation that this man was jealous and was trying to make you the scape goat. Last month a priest came to us and said the parents of a 14 year old girl complained to him that you were molesting their daughter. We instructed the priest to have the parents go to you and complain, and if they could not obtain satisfaction then they should come to the Chancery." Sullivan's typed notes then continued with a detailed description of Gina and her parents' complaint of sexual abuse committed by Kownacki. The notes stated that Gina and her family came to the chancery on April 24, 1973, to inform the officers of the Diocese about Kownacki's repeated molestation of and violence toward Gina, a minor. According to Sullivan's notes, Gina, a 16-year-old girl, attended religious instruction classes taught by Kownacki in St. Francisville. In addition, Gina cleaned the rectory for Kownacki in St. Francisville. At the April 24, 1973, meeting, Gina described an occasion when Kownacki took her to his mother's house in Tamaroa, Illinois, to clean. Sullivan's notes of the meeting quoted Gina as follows: " 'Then that night we stayed in his Mother's

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home, and I went to bed and the next thing I knew Father was in bed with me and we had intercourse.' " At the meeting, Gina also described another incident when Kownacki came into the bathroom as she cleaned, closed the door, and started kissing her. Gina told the officers of the Diocese that Kownacki told her that he had money and could send her to school to study art. When Kownacki was assigned to the parish in Washington Park, Illinois, he convinced Gina's parents to allow her to go to Washington Park with him. Kownacki told her parents that he would send Gina to school and would pay her $200 per month to be his housekeeper. Gina told the Diocese's bishop and chancellor about incidents of physical and sexual abuse she endured at the hands of Kownacki after they moved to Washington Park. The abuse continued regularly for nearly two years. Kownacki gave her alcohol and assured her that the sexual abuse was a good thing because God wanted people to love each other. The last incident occurred in March of 1973. At Washington Park, Gina eventually started dating a classmate, Carlos, and Kownacki became jealous of that relationship. At one point, Kownacki slapped Gina, called her a whore and a slut, and told her she was wrong in sharing her body with Carlos. Kownacki told Gina about his housekeeper in Guatemala with whom he had sexual relations, and he boasted about many other girls who came to him in Guatemala "just for the pleasure of sex." Kownacki told Gina that his housekeeper in Guatemala became pregnant. He told Gina that he was not the father of the housekeeper's child because he was sterile but that he came back to the United States to get away from her. At some point, Sullivan's notes continue, Gina also became pregnant. Kownacki reported to Gina that his doctor had now told him that he was not sterile. Gina did not know if her child's father was Kownacki or her boyfriend. Kownacki told Gina that if she did not want the baby, she could have an abortion. He gave Gina a drink on two different days for the purpose of aborting the baby. Kownacki also told Gina that if the drinks did not work, he could "squeeze it out." Gina told the

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Diocese's bishop and chancellor that Kownacki put his fingers inside her, against her will, and tried to abort the baby, which caused her pain and a cervical infection. At the meeting, Gina also reported to the Diocese that a pair of twin boys from Guatemala lived with Kownacki while he was assigned to the parish in Washington Park. According to Sullivan's notes, Gina reported that one of the twins engaged in "homosexuality" with Kownacki. Gina also reported the name of another 14-year-old girl at the St. Martin of Tours parish in Washington Park whom she believed Kownacki was also involved with. Sullivan's notes identified the girl by name. His notes indicated that Kownacki told Gina that he went to confession every week or so and that the bishop knew what he was doing. At the conclusion of their meeting with Gina and her family, the bishop and the chancellor determined that they needed to speak with Kownacki. On April 26, 1973, Kownacki wrote Gina a letter, in which he said, among other things, "[D]espite scandal, reputation to me as a priest, *** I will always see that you are through this little crisis." He told her that he was really concerned and cared about her and always would. He hoped that she was feeling much better and that she was happy. He told her that she had been the best part of his life in Washington Park and in St. Francisville. The next day, April 27, 1973, the bishop and the chancellor met with Kownacki at the chancery to discuss Gina's allegations. At the end of his typewritten notes, Sullivan made a note of their meeting with Kownacki and further wrote as follows: "We told him the whole story without the details. We said he needs help." After his meeting at the chancery, Kownacki wrote a second letter to Gina. In a letter dated May 2, 1973, he wrote to Gina as follows: "Guess it's time to say 'adios' to a great little girl who will always be remembered as the best girl I knew and hoping I'm cured of my problem[;] you'll always be in my mind." He wrote that it took "shock from all sides" to make him realize that he needed help. He wrote that he would suffer "like Cain" in the

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future when people point a finger at him and say that he is an alcoholic and "a real mental case." He told Gina, "[The] parishioners know only that I'm going away for a rest because of a possible nervous breakdown (which is literally true, too!)." He wrote, "Blot out from your memory the past two years and if you cannot, then all I ask is. . . . forgive me!" He told Gina that she could get his address but that he presumed she still thought of him as "that monster" who ruined her future. At some point, the Diocese obtained copies of Kownacki's letters to Gina. The record does not indicate how or when the Diocese obtained copies of the letters, but the record discloses that it had copies of Kownacki's letters as early as 1984. The Diocese's copies of Kownacki's letters to Gina were placed in his personnel file, but Sullivan's handwritten and transcribed notes were not. Instead, the Diocese kept Sullivan's notes in a separate location that was undisclosed in the record. Prior to the 1990s, the Diocese did not have any specific policies or rules with respect to handling allegations of child sexual abuse by priests. The Catholic Church's code of canon law, however, set out certain standards and rules that the Diocese was required to follow. The code of canon law required the bishop, or someone he delegated, to investigate allegations of sexual abuse or misconduct that were brought against any priest within the Diocese, and if the investigation showed the probability that something had happened, then a judicial trial was to be held. The Diocese, however, did not conduct any trial with respect to Gina's allegations of abuse. Instead, approximately 1

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