King v. Find-A-Way Shipping, LLC
2020 IL App (1st) 191307
Ill. App. Ct.2020Background
- King purchased a late 18th-century antique secretary desk from EBTH.com; EBTH contracted Find-A-Way Shipping (defendant) to deliver it to King in Cook County.
- On delivery (Dec. 21, 2018) the desk (100+ lbs) was allegedly mishandled and severely damaged; King signed the delivery manifest noting it arrived “broken and damaged.”
- EBTH requested a repair estimate; King obtained an estimate of $3,204.60. EBTH refunded $780.60 (the purchase refund) and directed King to pursue the delivering carrier.
- King filed a small-claims action in Cook County seeking repair costs; Find-A-Way answered, moved to dismiss for lack of jurisdiction/venue based on EBTH’s forum/arbitration terms (Ohio), and asserted other defenses.
- The circuit court held a bench trial (May 29, 2019) and entered judgment for King for $2,344 plus costs. Find-A-Way appealed, arguing (1) the trial court lacked jurisdiction and (2) the court used the wrong damage measure (repair cost vs. diminution in value).
- The appellate court affirmed, holding Find-A-Way waived its personal-jurisdiction defense, the circuit court had subject-matter jurisdiction and proper venue, and the damages award was supported by the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal jurisdiction / waiver | King: defendant did business in Chicago and was subject to Cook County jurisdiction. | Find-A-Way: based in Ohio; EBTH terms require disputes be resolved in Ohio, so Illinois court lacked jurisdiction. | Court: defendant filed a general appearance and answer before a special appearance — thus waived personal-jurisdiction objection; Cook County had jurisdiction. |
| Subject-matter jurisdiction / venue | King: dispute over property damage occurring in Cook County; venue proper under §2-101. | Find-A-Way: forum selection in EBTH terms required Ohio — trial should not have proceeded in Illinois. | Court: subject-matter jurisdiction exists (court can hear property-damage claims); dispute about forum is venue, not jurisdiction; defendant failed to prove improper venue. |
| Measure of damages for damaged personal property | King: award represents reasonable cost to repair a one-of-a-kind antique; repair estimate supported recovery. | Find-A-Way: where repair cost exceeds fair-market value, damages are capped at diminution in value; cost-to-repair exceeded the desk’s value (King paid ~$700), so judgment should be reduced. | Court: record lacked evidence of a lower fair-market value; without trial transcript showing error, appellate court presumes trial court’s award supported by the evidence and affirms the $2,344 judgment. |
Key Cases Cited
- Putman v. Village of Bensenville, 337 Ill. App. 3d 197 (2003) (points not supported by authority may be deemed waived)
- In re Marriage of Gorman, 284 Ill. App. 3d 171 (1996) (personal jurisdiction acquired by service or voluntary submission)
- Pearson v. Lake Forest County Day School, 262 Ill. App. 3d 228 (1994) (special appearance requirement to preserve jurisdictional objection)
- Corral v. Mervis Industries, Inc., 217 Ill. 2d 144 (2005) (burden of proving improper venue on defendant; doubts resolved against defendant)
- Foutch v. O'Bryant, 99 Ill. 2d 389 (1984) (appellant must supply record; absent record, trial court’s ruling presumed correct)
- Abbey Plumbing & Heating, Inc. v. Brown, 47 Ill. App. 3d 719 (1977) (appellant responsible for providing complete trial record)
- Rock Island County v. Boalbey, 242 Ill. App. 3d 461 (1993) (pro se litigants held to lesser standard but still must meet minimum appellate requirements)
- In re Marriage of Gulla and Kanaval, 234 Ill. 2d 414 (2009) (reviewing court needs trial record to determine claimed errors)