2018 IL App (1st) 180280
Ill. App. Ct.2019Background
- A Kane County accident killed Jordan Hale when a commercial truck driven by defendant David Odman collided with his motorcycle one mile from the Cook–Kane county line; both decedent and defendants reside in Kane County.
- Plaintiff William Hale (administrator) filed wrongful-death suit in Cook County against Odman and employer Welch Bros., Inc.; defendants moved to transfer venue to Kane County based on forum non conveniens.
- Most occurrence witnesses, investigating officers, the coroner, and the treating paramedics are in Kane County; Jordan’s motorcycle was stored in Cook County.
- Welch Bros. has business operations and some facilities in both counties and does about 41.8% of its business in Cook County.
- The trial court denied transfer after applying the Dawdy/Guerine forum non conveniens framework, finding the factor analysis did not strongly favor transfer.
- The appellate court reversed, concluding the private and public interest factors, weighed together and with diminished deference to plaintiff’s forum choice, strongly favor transfer to Kane County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion denying transfer on forum non conveniens grounds | Hale: defendant failed to show factors "strongly favor" transfer; plaintiff’s chosen forum merits deference | Odman: factors (party convenience, witness location, view of scene, public interest) strongly favor Kane County | Reversed; transfer ordered — trial court abused its discretion |
| Convenience of the parties (private factor) | Hale: Cook County is proper and plaintiff’s choice should be respected | Odman: both parties reside in Kane County so Kane is more convenient; plaintiff’s choice gets less deference because plaintiff is not a Cook County resident and accident didn’t occur there | Court: favors Kane County (less deference to plaintiff’s choice) |
| Ease of access to evidence and witnesses; possibility of jury view of scene | Hale: many Cook County witnesses and stored motorcycle support keeping venue; viewing unnecessary | Odman: majority of occurrence/testimonial witnesses in Kane; site visit likely useful due to roadway geography (blind hill) | Court: strongly favors Kane County (witness convenience and possible view weigh heavily) |
| Local/county interest and docket congestion (public factors) | Hale: Welch Bros.’ Cook County business gives Cook a palpable interest | Odman: Kane County has the stronger local interest (accident and residents there); Cook congestion worse | Court: public factors favor Kane County (Cook’s business ties are not an overwhelming local interest) |
Key Cases Cited
- Dawdy v. Union Pacific R.R. Co., 207 Ill. 2d 167 (establishes forum non conveniens framework and factors)
- First American Bank v. Guerine, 198 Ill. 2d 511 (discusses deference to plaintiff’s forum choice and balancing standard)
- Langenhorst v. Norfolk Southern Ry. Co., 219 Ill. 2d 430 (public interest factors and overall balancing)
- Piper Aircraft Co. v. Reyno, 454 U.S. 235 (federal precedent on diminished deference to foreign plaintiff’s forum choice)
- Washington v. Illinois Power Co., 144 Ill. 2d 395 (distance between county seats is relevant to convenience analysis)
- Botello v. Illinois Central R.R. Co., 348 Ill. App. 3d 445 (reversal where witnesses and occurrence favored transfer)
- Allee v. Myers, 349 Ill. App. 3d 596 (transfer where witnesses, premises condition, and docket congestion favored alternative forum)