Essay on Analysis Of The Fourth Amended Complaint By Frances House

Essay on Analysis Of The Fourth Amended Complaint By Frances House

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Furthermore, a review of the Seventh Amended Complaint reveals that Counts XLIX and LIII are identical except that Count LIII adds an additional allegation alleging that Frances House’s acts were “reckless, wanton, willful, malicious, indifferent and without regard.” Further, the allegations contained in paragraphs 44.a. through 44.l. of Count XLIX are identical to paragraphs 45.a. through 45.l. of Count LIII and fail to state specific acts or facts as required under Illinois pleading rules in that they allege only conclusions and catch-all phrases. (See pages 155 through 156 and pages 179 through 180 of the 7th Am. Compl.)
Rather than reciting each of the twelve subparagraphs here, Frances House will attempt to summarize them for purposes of brevity. In the relevant subparagraphs, the Plaintiffs allege that the Frances House failed to provide adequate psychological, social and habitation services to Leitzen; failed to provide necessary staffing; and failed to properly train its staff. These conclusory allegations are insufficient in Illinois.
In Applebaum v. Jewel Companies, 76 Ill. App. 3d 346, 395 N.E. 2d 57 (1979), the plaintiff alleged that the defendant had employed an insufficient number of employees; that the aisles of the supermarket were overcrowded; that the defendant had no traffic control plan within the store; the store was negligently designed; and that the defendant had negligently obstructed the view of the store customers by overcrowding the shelves. Those allegations were held by the Appellate Court to be insufficient to state a cause of action as they were mere conclusions of the pleader, without any specific facts. There is no difference between those allegations and the ones contained in paragraphs 44...


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..., Jr.’s decline;
c. failed to provide to alter Kenneth Leitzen, Jr.’s service plan:
d. failed to provide corrective training to the staff at Ridge Terrace; and
e. failed to provide additional staff members to support the goals of Kenneth Leitzen, Jr.’s service plan.

(Count LIII)

52. As a direct and proximate result of Defendant Frances House, Inc.’s intentional conduct:
a. failed to identify Kenneth Leitzen, Jr.’s decline;
b. failed to identify the actual causes of Kenneth Leitzen, Jr.’s decline;
c. failed to provide to alter Kenneth Leitzen, Jr.’s service plan:
d. failed to provide corrective training to the staff at Ridge Terrace; and
e. failed to provide additional staff members to support the goals of Kenneth Leitzen, Jr.’s service plan.

Clearly, Frances House cannot meaningfully respond to these allegations and it requests that they be stricken.

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