2013 IL App (1st) 121317
Ill. App. Ct.2013Background
- Two related actions were filed in Cook County: Leathers' negligence action and Pendergast's wrongful death and survival action from a Kendall County traffic accident.
- The accident occurred in Kendall County; witnesses and evidence are located in Kendall, Kane, Du Page, La Salle, and Cook counties.
- Leathers initially filed in Kendall County, dismissed, and refiled in Cook County with added defendants; Pendergast filed in Cook County as administrator of Richter's estate.
- Defendants moved to transfer both actions to Kendall County under forum non conveniens; the circuit court denied the motions.
- Third-party contribution claims against Kendall County were severed and transferred to Kendall County in September 2011; no timely petition for leave to appeal followed that order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court abused its discretion denying forum non conveniens transfer. | Pendergast and Leathers argued deference to Cook County forum; factors favored Cook County. | Defendants argued Kendall County was more convenient and public interests favored transfer. | No abuse; factors did not strongly favor transfer; discretion rests with court. |
| Whether the balance of private/public factors supported transfer given plaintiff's forum choice. | Plaintiffs' forum choice in Cook County warranted deference. | Kendall County had greater convenience and local interests. | Defendants failed to show factors strongly favor transfer; deference to plaintiffs upheld. |
| Whether severed third-party claims against Kendall County were properly reviewable on appeal. | Appeal timely challenged the severance/transfer ruling. | Rationale supported severance and transfer. | Appellate review lacking jurisdiction; 30-day deadline not met. |
Key Cases Cited
- Dawdy v. Union Pacific R.R. Co., 207 Ill. 2d 167 (2003) (balance of private/public factors; deference to plaintiff's choice)
- Fennell v. Illinois Central R.R. Co., 2012 IL 113812 (2012) (record must reflect all factors; review limited to undisputed facts when lacking)
- Guerine v. First American Bank, 198 Ill. 2d 511 (2002) (exceptional circumstances required for transfer; high burden)
- Ammerman v. The Raymond Corp., 379 Ill. App. 3d 878 (2008) (products-liability context; local interest considerations)
- Walker v. Iowa Marine Repair Corp., 132 Ill. App. 3d 621 (1985) (absence of transcript does not preclude appellate review)
- Meyers v. Bridgeport Machines Division of Textron, Inc., 113 Ill. 2d 112 (1986) (abuse of discretion standard in transfer rulings)