Anderson v. Great Lakes Dredge and Dock Co.

292 N.W.2d 177, 96 Mich. App. 194, 1980 Mich. App. LEXIS 2545
CourtMichigan Court of Appeals
DecidedMarch 17, 1980
DocketDocket 78-3843
StatusPublished
Cited by2 cases

This text of 292 N.W.2d 177 (Anderson v. Great Lakes Dredge and Dock Co.) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Great Lakes Dredge and Dock Co., 292 N.W.2d 177, 96 Mich. App. 194, 1980 Mich. App. LEXIS 2545 (Mich. Ct. App. 1980).

Opinions

Bronson, J.

Defendant appeals by leave granted the order of the trial court denying defendant’s motion that the court decline to exercise its jurisdiction based on the principle of forum non conveniens.

I.

Plaintiff was injured while employed by defendant and working either on the dredge Alaska or on a spill barge that was part of the Alaska’s operation. It is alleged that while plaintiff was handling a piece of frayed cable, one or more strands of the cable passed through his shoe and pierced his little toe. An infection resulted and the affected limb was partially amputated. Plaintiff brought suit in Wayne County Circuit Court alleging a cause of action for negligence and for breach of the warranty to provide a reasonably seaworthy vessel under general maritime law and the Jones Act.1

Plaintiff resided in Jacksonville, Florida, and defendant is a New Jersey corporation with its headquarters and principal place of business in Chicago, Illinois. Defendant has offices and conducts operations in various places both in the United States and abroad. Defendant has a resident agent in Michigan, has conducted operations here in the past, and presently has a contract to dredge portions of the Saginaw River. The other [198]*198crew members of the Alaska at the time of the accident are reported by defendant to reside in North Carolina, Georgia, and Puerto Rico, with the majority in Florida, although plaintiff points out that given the transitory nature of seamen’s employment these potential witnesses may now be located elsewhere. Plaintiff has been treated by physicians in both Florida and Michigan, and expert medical testimony will be drawn from both states. The Alaska is apparently in Georgia at present.

II.

Defendant first argues that the trial court erred in applying the wrong standard when ruling on the motion. Specifically, defendant’s contention is that in deciding the motion the trial court applied a "hardship” standard, and retained jurisdiction because defendant had not made a sufficient showing of hardship.2 Defendant argues that this was improper because hardship is not one of the factors set out in Cray v General Motors Corp, 389 Mich 382; 207 NW2d 393; 59 ALR3d 127 (1973).

In Cray, supra, the Supreme Court formally adopted the principle of forum non conveniens. After analyzing several cases from other jurisdictions, the Court deduced several important characteristics concerning the principle and, in setting out these characteristics, delineated the proper scope of the doctrine’s application in Michigan. Presupposing that alternative forums are available, the principle of forum non conveniens was said to establish the right of a court to "resist imposition upon its jurisdiction although such jurisdiction could properly be invoked”. Cray, supra, [199]*199395. Application of the doctrine was placed in the sound discretion of the trial courts, which were charged to consider the plaintiffs choice of forum and to "weigh carefully the relative advantages and disadvantages of jurisdiction and the ease of and obstacles to a fair trial in this state”. Cray, supra, 396. The trial courts were said to have discretion to decline jurisdiction "in such cases as the convenience of the parties and the ends of justice dictate”. Id.

To aid trial courts in the exercise of this discretion, the Court suggested factors to be considered that were drawn from the cases previously analyzed:

"1. The private interest of the litigant.

"a. Availability of compulsory process for attendance of unwilling and the cost of obtaining attendance of willing witnesses;

"b. Ease of access to sources of proof;

"c. Distance from the situs of the accident or incident which gave rise to the litigation;

"d. Enforcibility [sic] of any judgment obtained;

"e. Possible harrassment [sic] of either party;

"f. Other practical problems which contribute to the ease, expense and expedition of the trial;

"g. Possibility of viewing the premises.

"2. Matters of public interest.

"a. Administrative difficulties which may arise in an area which may not be present in the area of origin;

"b. Consideration of the state law which must govern the case;

"c. People who are concerned by the proceeding.

"3. Reasonable promptness in raising the plea of forum non conveniens.” Cray, supra, 396.

While suggesting these factors, however, the Supreme Court was not foreclosing the possibility of examining other factors that might be relevant in [200]*200a particular case. Its intent was not to set out hard and fast rules, but rather to suggest a framework in which a decision could be made on the basis of the underlying purpose of the principle.

" 'Wisely it has not been attempted 'to catalogue the circumstances which will justify or require either grant or denial of remedy. The doctrine leaves 'much to the discretion of the court to which the plaintiff resorts, and experience has not shown a judicial tendency to renounce one’s own jurisdiction so strong as to result in many abuses.’ ” Cray, supra, 395, quoting Gulf Oil Corp v Gilbert, 330 US 501, 508; 67 S Ct 839; 91 L Ed 1055 (1947).

The trial court in the instant case recognized the criteria established in Cray and listened to the arguments of counsel concerning how those factors militated for and against retention of jurisdiction. In rendering its opinion, the trial court noted that it was persuaded by the arguments of plaintiffs counsel and that jurisdiction ought to be retained. Reference was also made to the point that seamen are traditionally favored in their choice of forum. In all of this we find no abuse of discretion. The trial court recognized its discretion and in exercising it considered the Cray factors. To the extent that the trial court’s opinion can be read as involving factors other than those set out in Cray, we note only that Cray does not foreclose the consideration of additional factors. Similarly, the trial court’s conclusion that on balance the factors did not point to a sufficient "hardship” to defendant to upset plaintiffs choice of forum was not an abuse of discretion. The Supreme Court in Cray did not use any specific word to characterize the outcome of the balance of the competing factors. It instead used phrases such as "advantages and disadvan[201]*201tages of jurisdiction”, "ease of and obstacles to a fair trial”, and "convenience of the parties and the ends of justice”, Cray, supra, 396. The trial court’s use of the term "hardship” simply reflects its means of expressing that the balance of factors weighed on the side of retaining jurisdiction, and in our opinion the use of the term was not sufficiently distinct from the phrases used by the Supreme Court to warrant a finding that the trial court abused its discretion. In this regard, 1 Restatement Conflicts, 2d, § 84, p 251, quoted by the Cray Court, provides that a state will not exercise its jurisdiction if it is a "seriously inconvenient” forum for trial. For the purposes of a forum non conveniens

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Related

Anderson v. Great Lakes Dredge & Dock Co.
309 N.W.2d 539 (Michigan Supreme Court, 1981)
Anderson v. Great Lakes Dredge and Dock Co.
292 N.W.2d 177 (Michigan Court of Appeals, 1980)

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Bluebook (online)
292 N.W.2d 177, 96 Mich. App. 194, 1980 Mich. App. LEXIS 2545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-great-lakes-dredge-and-dock-co-michctapp-1980.