Chicago, IL – March 18th, 2026 – Meyers & Flowers announces a significant victory in the First District Appellate Court on behalf of a survivor of sexual assault that occurred at a residential mental health treatment facility. Attorneys Christoper J. Warmbold, Lauren E. Edmunds, and Ted A. Meyers successfully overturned a trial court ruling, reaffirming the viability of Section 11 of the Illinois Gender Violence Act as a means to hold institutions accountable when their negligence contributes to gender-related violence, particularly in settings involving vulnerable individuals at healthcare facilities.
The case involved a patient who was sexually assaulted by an employee of Timberline Knolls Residential Treatment Center. Meyers & Flowers filed a complaint under Section 11, which provides that an employer may be held liable of a sexual assault occurring at the workplace if the sexual assault occurred during the performance of a job duty and the employer acted inconsistent with how a reasonable person would have acted under similar circumstances, and if the employer failed to supervise, train, or monitor its employee, or neglected to investigate complaints or reports of misconduct provided to a supervisor.
The defendant argued that Section 11 imposed only vicarious liability and contended that because sexual assault is not a job-related duty, the employer could not be held responsible. The trial court agreed with this interpretation.
On appeal, Meyers & Flowers argued that Section 11 established a basis for direct liability, and that the defendant’s interpretation would effectively nullify the statutory amendment, immunizing employers from accountability for acts of gender-based violence committed by their employees. The First District Appellate Court agreed, reversing the lower court’s decision and emphasizing that employers may be held directly responsible when their negligence contributes to gender-related violence.
“This ruling represents an important reaffirmation of the protections afforded to survivors under the Illinois Gender Violence Act,” said Attorney Edmunds. “Institutions cannot evade responsibility when their failure to supervise or address misconduct enables gender-based violence, particularly in settings serving vulnerable individuals.”
Attorney Warmbold added, “The court’s decision underscores that the law provides a meaningful avenue for survivors to hold employers accountable. It is critical that institutions understand their obligations to prevent and address misconduct, or they risk legal responsibility.”
The opinion strengthens Section 11 as a meaningful legal avenue for survivors to hold institutions accountable. Meyers & Flowers continues to represent other victims of sexual assault and medical negligence against Timberline Knolls and similar facilities.
Meyers & Flower’s Appellant Brief can be found here.
The First District Appellate Court’s opinion can be found here.
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Led by Illinois Top 100 Super Lawyer and former President of the Illinois Trial Lawyers Association, Peter J. Flowers, the Meyers & Flowers’ team of experienced trial attorneys routinely take on large challenges and succeed. For more than two decades, the firm has represented clients both locally in Chicago and nationally in a full spectrum of cases involving catastrophic personal injuries, sexual abuse, medical malpractice, product liability and corporate litigation.
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