Find Court Cases > Go Back to List > McNall v. Frus

McNall v. Frus

Case Date: 05/17/2002
Court: 3rd District Appellate
Docket No: 3-01-0814 Rel

No. 3--01--0814

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

A.D., 2002


CHRISTINE McNALL,

            Plaintiff-Appellant,

            v.

BERNADINE FRUS,

            Defendant-Appellee.

)
)
)
)
)
)
)
)
) 		Appeal from the Circuit Court
of the 14th Judicial Circuit,
Rock Island County, Illinois,

No. 01--L--78

Honorable
Mark A. Vandeweile,
Judge, Presiding.


JUSTICE SLATER delivered the opinion of the court:

This appeal arises from a claim of negligence by plaintiffChristine McNall against defendant Bernadine Frus. Defendant, alicensed social worker, testified in the child custody proceedingbetween plaintiff and her former spouse. Plaintiff alleged thatdefendant, without interviewing plaintiff or her children,testified in that proceeding that plaintiff suffered fromalcoholism and was a neglectful parent. Plaintiff lost custodyof her children. In this action she seeks damages for injuriesallegedly caused by defendant's negligent testimony.

Defendant moved to dismiss plaintiff's claim with prejudicepursuant to 735 ILCS 5/2-619(a)(9). The circuit court of RockIsland County dismissed plaintiff's claim with prejudice.

It is well-established that witnesses enjoy absoluteprivilege from civil suit for statements made during judicialproceedings. Jurgensen v. Haslinger, 295 Ill. App. 3d 139, 692N.E.2d 347 (1998); Renzi v. Morrison, 249 Ill. App. 3d 5, 618N.E.2d 794 (1993); Libco Corp. v. Adams, 100 Ill. App. 3d 314,426 N.E.2d 1130 (1981). The doctrine of absolute privilege restsupon the idea that conduct which otherwise would be actionable ispermitted to escape liability because the defendant is acting infurtherance of some interest of social importance, which isentitled to protection even at the expense of uncompensated harmto an injured party. Thomas v. Petrulis, 125 Ill. App. 3d 415,418, 465 N.E.2d 1059, 1061 (1984), citing W. Prosser, Torts