Ross v. Creighton University case brief

Ross v. Creighton University case brief summary
957 F.2d 410 (1992)

CASE SYNOPSIS

Appellant student sought review after the United States District Court for the Northern District of Illinois, Eastern Division, dismissed his claims against appellee university for negligence and breach of contract arising from appellee's alleged failure to educate him.

CASE FACTS
Appellee university admitted appellant student on an athletic scholarship. Appellant alleged that appellee realized appellant's limitations when it admitted him and, to induce him to attend and play basketball, assured appellant that he would receive sufficient tutoring so that he would receive a meaningful education. The district court dismissed appellant's action for failure to state a claim.

DISCUSSION

• The court affirmed in part and reversed and remanded in part. 
• The court held that Illinois courts would deny appellant's claims for educational malpractice, negligent admission, and negligent of emotional distress because theories of education were not uniform, but different and acceptable scientific methods of academic training made it infeasible to formulate a standard by which to judge the conduct of those delivering the services. 
• The court held that appellant stated a claim for breach of contract by alleging that appellee reneged on its commitment to provide certain specific services. 
• The court held that adjudication of such a claim would be limited to whether appellee had provided any real access to its academic curriculum.

CONCLUSION
The court affirmed in part and reversed and remanded in part appellant student's claims against appellee university for negligence and breach of contract arising from appellee's alleged failure to educate him. The court held that appellant stated a claim for breach of contract with respect to his claim that appellee breached its promise to provide specific services.



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