2018 IL App (1st) 171558
Ill. App. Ct.2018Background
- Debbie and Alan Schuster (Kane County residents) sued Lynn Richards (Du Page County resident), Redbox and Coinstar in Cook County after Debbie (a pedestrian) was struck by Richards in East Dundee (Kane County).
- Claims: negligence and loss of consortium against Richards; respondeat superior (vicarious liability) only against Redbox and Coinstar.
- Defendants moved to transfer venue to Kane County under forum non conveniens; plaintiffs listed ~18 potential witnesses and submitted several affidavits about convenience.
- Trial court found plaintiffs’ Cook County choice entitled to reduced deference (neither plaintiffs’ residence nor site of accident) and analyzed private and public interest factors, concluding they favored transfer to Kane County.
- Plaintiffs obtained leave to appeal under Ill. S. Ct. R. 306(a)(2); the appellate court affirmed, holding the trial court did not abuse its discretion in granting transfer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion in granting forum non conveniens transfer | Schuster: court misbalanced factors, ignored Cook County connections, plaintiffs’ forum should prevail | Defendants: private and public interest factors (witness convenience, site, local interest) strongly favor Kane County | Affirmed — no abuse of discretion; totality of factors favored transfer |
| Weight due plaintiff’s choice of forum when forum is neither plaintiff’s residence nor accident site | Schuster: still should have been given lead and preserved | Defendants: reduced deference appropriate because Cook County is a foreign forum here | Held: deference reduced; trial court correctly applied lesser weight |
| Relevance of corporate defendants’ business presence in chosen forum | Schuster: Coinstar/Redbox substantial business in Cook County, so Cook should retain case | Defendants: mere business presence or registered agent isn’t dispositive for forum non conveniens | Held: court properly gave those contacts limited weight; not outcome-determinative |
| Whether trial court improperly discounted medical witnesses and other affidavits favoring Cook County | Schuster: treating physicians preferred Cook; court wrongly assumed they won’t testify in person | Defendants: lay occurrence witnesses and investigating officer were more convenient to Kane; many medical witnesses often testify by deposition | Held: court reasonably weighed witness convenience and modern practices; medical witness location given limited weight |
Key Cases Cited
- Fennell v. Illinois Central R.R. Co., 2012 IL 113812 (forum non conveniens factors and standard of review for transfer)
- Langenhorst v. Norfolk Southern Ry. Co., 219 Ill. 2d 430 (plaintiff’s forum typically favored; framework for balancing factors)
- Dawdy v. Union Pacific R.R. Co., 207 Ill. 2d 167 (transfer appropriate where factors strongly favor transferee forum)
- First Nat’l Bank v. Guerine, 198 Ill. 2d 511 (discusses weight of plaintiff’s choice and when transfer must be strongly favored)
- Boner v. Peabody Coal Co., 142 Ill. 2d 523 (corporate business presence is a relevant but not dispositive consideration)
- Piper Aircraft Co. v. Reyno, 454 U.S. 235 (defendant need not identify every witness for forum non conveniens showing)