Bird v. LUHR BROS. INC.

779 N.E.2d 907, 334 Ill. App. 3d 1088, 269 Ill. Dec. 53, 2002 Ill. App. LEXIS 990
CourtAppellate Court of Illinois
DecidedOctober 29, 2002
Docket5-01-0113
StatusPublished
Cited by13 cases

This text of 779 N.E.2d 907 (Bird v. LUHR BROS. INC.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bird v. LUHR BROS. INC., 779 N.E.2d 907, 334 Ill. App. 3d 1088, 269 Ill. Dec. 53, 2002 Ill. App. LEXIS 990 (Ill. Ct. App. 2002).

Opinion

JUSTICE CHAPMAN

delivered the opinion of the court:

This is an appeal from an order of the circuit court denying the motion of Luhr Brothers, Inc. (defendant), to dismiss or transfer on the grounds of forum non conveniens pursuant to Supreme Court Rule 187 (134 Ill. 2d R. 187). The sole issue for review is whether the circuit court abused its discretion in denying defendant’s motion. We affirm and remand.

On January 7, 2000, the M/V Mary B and her crew were performing dredging operations in the waters of the Ohio River, at mile 973, between Pulaski County, Illinois, and Ballard County, Kentucky, on the Kentucky side of the river. Joshua R. Bird (plaintiff) was a member of that crew. Plaintiff alleges that he suffered a serious injury on the vessel when he slipped in fuel that had accumulated during refueling. He received immediate medical treatment in Cape Girardeau, Missouri. He received subsequent medical treatment in St. Louis, Missouri; Randolph County, Illinois; Perry County, Illinois; and St. Clair County, Illinois. Plaintiff is a resident of Perry County, Illinois. Defendant, plaintiffs employer, is a corporate citizen of the State of Illinois, with its principal place of business in Monroe County, Illinois.

On May 23, 2000, plaintiff filed suit in St. Clair County, Illinois, alleging a cause of action against defendant under the Jones Act (46 U.S.C. § 688 et seq. (2000)). On June 23, 2000, defendant filed a forum non conveniens motion to dismiss pursuant to Supreme Court Rule 187 (134 Ill. 2d R. 187) and an alternative motion to transfer venue. The trial court denied defendant’s motions to dismiss or transfer. Defendant appeals pursuant to Supreme Court Rule 306(a)(2) (166 Ill. 2d R. 306(a)(2)), contending that the trial court abused its discretion in refusing to dismiss or transfer venue.

While conceding that jurisdiction and venue are proper in St. Clair County, defendant contends that St. Clair County is not a convenient forum to litigate plaintiffs claim. Defendant claims that no significant connection exists between plaintiffs chosen forum and the litigation and that a dismissal or transfer is therefore warranted based on private- and public-interest factors. Defendant contends that convenience factors favor an interstate transfer to Ballard County, Kentucky, or in the alternative an intrastate transfer to Pulaski County, Illinois. We disagree and affirm the decision of the trial court.

Forum non conveniens is “ ‘founded in considerations of fundamental fairness and sensible and effective judicial administration.’ ” First American Bank v. Guerine, 198 Ill. 2d 511, 515, 764 N.E.2d 54, 57 (2002), quoting Adkins v. Chicago, Rock Island & Pacific R.R. Co., 54 Ill. 2d 511, 514, 301 N.E.2d 729, 730 (1973). The doctrine provides that a court “ ‘may decline to exercise jurisdiction over a case properly before it, whenever it appears that there is another forum that can better serve the convenience of the litigants and promote the ends of justice.’ ” Lambert v. Goodyear Tire & Rubber Co., 332 Ill. App. 3d 373, 377, 773 N.E.2d 133,137 (2002), quoting Horn v. Rincker, 84 Ill. 2d 139, 149, 417 N.E.2d 1329, 1334 (1981). Accordingly, the doctrine presupposes the existence of more than one proper forum with jurisdiction over a plaintiffs cause of action. Niepotter v. Central Illinois Public Service Co., 303 Ill. App. 3d 632, 635, 707 N.E.2d 1278, 1280 (1999).

There are two potential applications of forum non conveniens in Illinois: interstate forum non conveniens and intrastate forum non conveniens. Lambert, 332 Ill. App. 3d at 377, 773 N.E.2d at 137. The interstate branch of forum non conveniens considers whether Illinois is an appropriate state in which to litigate the controversy, and the intrastate branch of the doctrine considers whether the cause is being litigated in the most convenient county within Illinois. Lambert, 332 Ill. App. 3d at 377-78, 773 N.E.2d at 137, citing 3 R. Michael, Illinois Practice § 14.1 (1989). The Illinois Supreme Court has instructed that the same considerations of convenience and fairness apply equally when deciding motions based on interstate forum non conveniens or intrastate forum non conveniens. See Torres v. Walsh, 98 Ill. 2d 338, 456 N.E.2d 601 (1983). However, for the purpose of deciding interstate forum non conveniens motions, a plaintiffs home forum is the state in which he or she lives, not the specific county of residence. Gridley v. State Farm Mutual Automobile Insurance Co., 329 Ill. App. 3d 422, 429-30, 767 N.E.2d 896, 903 (2002), relying on Simantz v. Prime Motor Inns, Inc., 213 Ill. App. 3d 813, 817, 573 N.E.2d 234, 236 (1991); see also Kwasniewski v. Schaid, 153 Ill. 2d 550, 553-54, 607 N.E.2d 214, 216 (1992).

Whether a dismissal or transfer on the basis of forum non conveniens is warranted lies within the sound discretion of the circuit court. Peile v. Skelgas, Inc., 163 Ill. 2d 323, 336, 645 N.E.2d 184, 190 (1994). The circuit court’s decision to either grant or deny a defendant’s forum non conveniens motion will not be overturned absent an abuse of discretion. Peile, 163 Ill. 2d at 336, 645 N.E.2d at 190. The role of the appellate court is not to substitute its judgment for that of the trial court or even to determine whether the trial court exercised its discretion wisely; but rather, its role is to determine whether the trial court abused its discretion. Niepotter, 303 Ill. App. 3d at 636, 707 N.E.2d at 1281. An abuse of discretion occurs when the circuit court acts arbitrarily, fails to employ conscientious judgment, and ignores recognized principles of law. Hernandez v. Karlin Foods Corp., 322 Ill. App. 3d 805, 807-08, 751 N.E.2d 27, 29-30 (2001).

In exercising its discretion, the circuit court must determine whether the defendant has established that convenience factors weigh strongly in favor of a dismissal or transfer. Walker v. American River Transportation, 277 Ill. App. 3d 87, 89, 660 N.E.2d 550, 552 (1996), citing Griffith v. Mitsubishi Aircraft International, Inc., 136 Ill. 2d 101, 106, 554 N.E.2d 209, 211 (1990). The Illinois Supreme Court has recently reiterated that the factors which guide the Illinois courts’ consideration of convenience fall into two categories: the private interests of the litigants and the interests of the public. Guerine, 198 Ill. 2d at 516, 764 N.E.2d at 58.

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779 N.E.2d 907, 334 Ill. App. 3d 1088, 269 Ill. Dec. 53, 2002 Ill. App. LEXIS 990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bird-v-luhr-bros-inc-illappct-2002.