2012 IL App (5th) 110088
Ill. App. Ct.2012Background
- Shaw filed medical malpractice claims in St. Clair County for alleged misdiagnosis of pseudotumor cerebri causing blindness.
- Case was transferred to Madison County after motions to transfer for forum non conveniens under Rule 187.
- Passavant Memorial Area Hospital filed a third-party complaint for contribution against Jersey Community Hospital, raising venue issues under 2-103.
- Circuit court denied transfer of the entire action for improper venue or forum non conveniens but allowed Jersey Community Hospital to move to sever and transfer its third-party claims.
- Jersey Community Hospital sought severance and transfer of its third-party contribution claims to Jersey County; circuit court denied.
- This court consolidated the appeals; ultimately affirmed in part, reversed in part, and remanded with directions to sever and transfer the Jersey Community Hospital claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue for third-party claims under 2-103 | 3rd-party claims against Jersey County public entity must be in Jersey County. | Entire action should transfer to Jersey County, not just third-party claims. | Venue not required to transfer entire action; denial affirmed. |
| Forum non conveniens denial | Madison County is convenient and local for plaintiff and witnesses. | Jersey County is more appropriate due to where evidence and witnesses are located. | No abuse of discretion; factors did not strongly favor transfer to Jersey County. |
| Severance and transfer of third-party claims | Severance not warranted to Jersey County. | Sever and transfer third-party claims to Jersey County. | Court reversed and remanded to sever third-party claims and transfer them to Jersey County. |
Key Cases Cited
- Cook v. General Electric Co., 146 Ill.2d 548 (1992) (forum non conveniens analysis governs transfer of entire action; does not require joint trials.)
- Laue v. Leifheit, 105 Ill.2d 191 (1984) (contribution claims must be asserted within pending action; public policy for single trial.)
- Best v. Taylor Machine Works, 179 Ill.2d 367 (1997) (Public Act 89-7 unseverable; relevance to Leifheit precedent.)
- Corral v. Mervis Industries, Inc., 217 Ill.2d 144 (2005) (de novo review of venue questions; undisputed facts apply.)
- Dawdy v. Union Pacific R.R. Co., 207 Ill.2d 167 (2003) (forum non conveniens factors balancing; deference to plaintiff's forum choice.)
- Langenhorst v. Norfolk Southern Ry. Co., 219 Ill.2d 430 (2006) (private- and public-interest factors in forum non conveniens.)
- Corral v. Mervis Industries, Inc., 217 Ill.2d 144 (2005) (de novo venue analysis in Illinois courts.)