EAST ST. LOUIS – Three of five counts that Belleville lawyer C.J. Baricevic alleged in a sexual misconduct suit failed upon removal of the action from Madison County to U.S. district court.
Magistrate Judge Gilbert Sison granted a motion from Thomas Industrial Coatings to dismiss the counts on Sept. 9, because Baricevic didn’t oppose the motion.
Sison deemed the failure to respond as an admission of the motion’s merits.
Baricevic represents former Thomas employee Leslie Raymond, who claims the company’s conduct caused supervisor Ronnie Bloodworth to injure her.
Baricevic sued Thomas in July, identifying Raymond as a Madison County resident.
The complaint alleged battery, stating Bloodworth stalked and harassed Raymond with overt conduct at her residence and at work.
It alleged assault, stating Bloodworth stalked and harassed Raymond with physical conduct at her residence and at work; it alleged harassment, stating Bloodworth subjected Raymond to verbal assaults and text messages of a sexual nature; and it alleged infliction of emotional distress, stating Bloodworth’s intentional conduct caused distress that Raymond continues to suffer.
Along with attributing Bloodworth’s actions to Thomas, Raymond claimed Thomas reduced her hours and required her to travel in retaliation for complaining.
Raymond didn’t sue Bloodworth.
Defense counsel Brian McGovern of Town and Country, Mo. removed her suit to district court on the basis of diversity jurisdiction.
McGovern identified Thomas as a Missouri business, operating in Pevely.
He denied misconduct and retaliation allegations, and requested entry of judgment in favor of Thomas.
He separately moved to dismiss counts of assault, battery, and distress.
He wrote that Raymond didn’t allege that Bloodworth’s conduct occurred within the scope of employment as those counts required.
The court clerk posted an Aug. 31 deadline for a response.
The deadline passed and Sison exercised his discretion.
Sison wrote that Illinois allows employers to be held liable for torts committed by employees within the scope of employment.
“However, Illinois courts have held as a matter of law that sexual assault is not within the scope of employment,” he wrote.
Counts of harassment and retaliation remain pending.
Sison plans a status conference Sept. 30, and trial next October.