2013 IL App (1st) 130033
Ill. App. Ct.2013Background
- Plaintiff Jack Taylor, an Illinois resident, purchased a motocross tire and later suffered injury when the front tire blew out at Sunset Ridge MX in Bureau County, Illinois.
- Taylor filed a product-liability complaint (strict liability, negligence, breach of implied warranty) in Cook County against Lemans Corp., Moose Racing, Parts Unlimited (Wisconsin-based), and Gibbs Motor Corporation (Illinois-based).
- Defendants moved to transfer venue to Bureau County under forum non conveniens (Ill. S. Ct. R. 187), arguing the accident, witnesses, and initial medical care were centered in Bureau County and that Bureau’s docket is less congested.
- Taylor opposed transfer, arguing product-liability claims reduce the significance of the accident site, defendants do business in Cook County, and counsel is located in Cook County; he also argued medical evidence is accessible irrespective of forum.
- The trial court denied the motion after weighing private and public interest factors under the unequal balancing test and found defendants failed to show Cook County was inconvenient and that Bureau County strongly favored transfer.
- The appellate court affirmed, holding the trial court did not abuse its discretion and defendants had not met the burden to show factors strongly favor transfer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cook County forum should be disturbed under forum non conveniens | Taylor: product-liability case, accident site less significant; defendants sell in Cook County; medical evidence accessible; counsel in Cook County | Defendants: accident, witnesses, and initial medical care centered in Bureau County; Bureau is more convenient and less congested | Denied transfer; court did not abuse discretion — defendants failed to show factors strongly favor transfer |
| Proper degree of deference to plaintiff's choice of forum | Taylor: his choice entitled to deference even if not resident of Cook County | Defendants: less deference should be given since Taylor is not a Cook County resident and accident occurred elsewhere | Court applied unequal balancing test and gave reduced but still meaningful deference; no undue deference shown |
| Whether private interest factors (convenience of parties/witnesses, access to evidence) strongly favor transfer | Taylor: witnesses scattered; depositions and technology mitigate location issues; bike stored near Cook County | Defendants: witnesses and initial treatment located near Bureau County; Gibbs closer to Bureau County | Held private factors did not strongly favor transfer — defendants offered no witness affidavits showing Cook County inconvenient |
| Whether public interest factors (local interest, jury burden, docket congestion) strongly favor transfer | Taylor: product-liability claim less local; defendants sell in Cook County; docket congestion not dispositive | Defendants: local interest and convenience of witnesses favor Bureau; Bureau docket less congested | Held public factors did not strongly favor transfer because product-liability nature reduces site significance and Cook County has a relevant interest |
Key Cases Cited
- Langenhorst v. Norfolk Southern Ry. Co., 219 Ill. 2d 430 (2006) (forum non conveniens should be exercised only in exceptional circumstances)
- Vinson v. Allstate, 144 Ill. 2d 306 (1991) (forum non conveniens standard)
- First American Bank v. Guerine, 198 Ill. 2d 511 (2002) (plaintiff's choice of forum receives deference; unequal balancing test)
- Dawdy v. Union Pacific R.R. Co., 207 Ill. 2d 167 (2003) (abuse-of-discretion standard; plaintiff's forum choice rarely disturbed)
- Ammerman v. Raymond Corp., 379 Ill. App. 3d 878 (2008) (product-liability claims reduce importance of accident site; technology diminishes documentary-evidence location concerns)
- Hinshaw v. Coachmen Industries, Inc., 319 Ill. App. 3d 269 (2001) (jury view of accident site often unnecessary in product-liability cases)
- Brown v. Cottrell, Inc., 374 Ill. App. 3d 525 (2007) (product-liability cases are not inherently local in flavor)
- Foutch v. O’Bryant, 99 Ill. 2d 389 (1984) (appellant must provide sufficient record; missing transcript leads to presumption in favor of trial court)
- Corral v. Mervis Industries, Inc., 217 Ill. 2d 144 (2005) (presumption trial court had sufficient factual basis when record incomplete)