2013 IL App (1st) 122987
Ill. App. Ct.2013Background
- Plaintiff Mendy Blake was injured when a Colfax van crossed the center line on Genoa Road in Will County, Illinois.
- The collision occurred near the Will/Kendall County border; Warren drove from Kendall County to a Du Page County job when the accident happened.
- Plaintiffs reside in Plainfield, Will County; Mr. Blake works in Chicago, creating potential work-related hardship if the case is moved.
- Colfax’s corporate offices and headquarters are in Cook County; Warren’s listed work address is in Cook County.
- The accident’s only nonparty witness resided in Kendall County and testified he would travel to Cook County if needed.
- Emergency responses and much of Mrs. Blake’s medical care occurred in Will County; the van was stored in Cook County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion on forum non conveniens | Blake favored Cook County; deference to plaintiff’s forum choice should apply. | Transfer to Will/Du Page County would better serve convenience and justice. | No abuse; Cook County remained appropriate. |
| Private factors favored or weighed against transfer | Plaintiffs’ forum is convenient; defendants have a Cook County nexus. | Private factors favor Will County due to accident location and witnesses’ locales. | Private factors did not strongly favor transfer away from Cook County. |
| Public factors favoring local adjudication | Local interest in Cook County due to corporate residence and activity there. | Will County’s interest increased due to location of accident and witnesses there. | Cook County retained significant local interest; public factors did not mandate transfer. |
| Viewing the site and witness accessibility | Site viewing and multiple witnesses' locations could justify transfer. | Site viewing not compelling; witnesses could testify with modest travel; no specific site needs shown. | Viewing and accessibility factors did not strongly favor transfer. |
Key Cases Cited
- Dawdy v. Union Pacific R.R. Co., 207 Ill. 2d 167 (2003) (forum non conveniens factors and deference to plaintiff’s forum choice)
- Langenhorst v. Norfolk Southern Ry. Co., 219 Ill. 2d 430 (2006) (private/public factors; intrastate transfer limits)
- Guerine v. First American Bank, 198 Ill. 2d 511 (2002) (plaintiff’s choice of forum deference; local controversies)
- Griffith v. Mitsubishi Aircraft International, Inc., 136 Ill. 2d 101 (1990) (forum non conveniens framework; balancing factors)
- Peile v. Skelgas, Inc., 163 Ill. 2d 323 (1994) (deferring to plaintiff’s chosen forum; nexus considerations)
- Glass v. DOT Transportation, Inc., 393 Ill. App. 3d 829 (2009) (viewing the site and evidence considerations in transfer analysis)
- Smith v. Jewel Food Stores, Inc., 374 Ill. App. 3d 31 (2007) (jury viewing considerations in transfer analysis)
- First American Bank v. Guerine, 198 Ill. 2d 511 (2002) (reaffirmed deference to plaintiff’s forum unless strong nexus)