Boner v. Peabody Coal Co.

568 N.E.2d 883, 142 Ill. 2d 523, 154 Ill. Dec. 662, 1991 Ill. LEXIS 9
CourtIllinois Supreme Court
DecidedFebruary 22, 1991
Docket69684
StatusPublished
Cited by70 cases

This text of 568 N.E.2d 883 (Boner v. Peabody Coal Co.) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boner v. Peabody Coal Co., 568 N.E.2d 883, 142 Ill. 2d 523, 154 Ill. Dec. 662, 1991 Ill. LEXIS 9 (Ill. 1991).

Opinions

JUSTICE CALVO

delivered the opinion of the court:

Dianna Boner (Boner) filed an 18-count complaint in St. Clair County on July 11, 1988, on behalf of Douglas Boner (Douglas) against Peabody Coal Company, Peabody Development Company, Peabody Holding Company, Inc. (hereinafter collectively referred to as Peabody), and Jimmy Bayer (Bayer). Boner seeks recovery for the injuries and death of her son, Douglas, which resulted when Douglas dove into a water-filled abandoned strip mine and struck his head on an underwater protrusion. Peabody allegedly owns, and Bayer allegedly leases, the property on which the incident occurred. The property is located in Equality, Illinois, in Gallatin County.

On August 12, 1988, and August 19, 1988, Peabody and Bayer, respectively, filed motions to transfer venue based on forum non conveniens. Defendants sought to transfer the cause to Gallatin County. The circuit court denied the motions on June 22, 1989. The Fifth District of the Appellate Court subsequently denied Peabody’s petition for leave to appeal. Peabody then filed a petition for leave to appeal with this court (107 Ill. 2d R. 315), which was allowed. Bayer is not participating in this appeal.

The sole issue before this court is whether the circuit court abused its discretion in denying Peabody’s motion to transfer venue based on forum non conveniens. (Bland v. Norfolk & Western Ry. Co. (1987), 116 Ill. 2d 217, 223.) The doctrine of forum non conveniens only comes into play when more than one forum exists with proper jurisdiction and venue over the parties and the subject matter of the cause of action. (Bland, 116 Ill. 2d at 223.) Under the doctrine of forum non conveniens, a court may decline to exercise jurisdiction over a case if it is more convenient to try the case in another forum with appropriate jurisdiction and venue, and would serve the ends of justice. (Bland, 116 Ill. 2d at 223.) Forum non conveniens is applicable on an intrastate, as well as interstate, basis. (Torres v. Walsh (1983), 98 Ill. 2d 338.) A circuit court has broad discretion in determining whether to transfer a cause of action to another jurisdiction based on forum non conveniens. (Bland, 116 Ill. 2d at 223.) Such a decision will not be reversed on appeal unless the circuit court abused its discretion. Bland, 116 Ill. 2d at 223.

In deciding whether to grant a motion based on forum non conveniens, a court must balance the private interests affecting the convenience to the litigants with the public interests affecting the administration of the courts. (Bland, 116 Ill. 2d at 223-24.) The private interests include:

“ ‘the relative ease of access to sources of proof; availability of compulsory process for attendance of unwilling, and the cost of obtaining attendance of willing, witnesses; possibility of view of premises, if view would be appropriate to the action; and all other practical problems that make trial of a case easy, expeditious and inexpensive. There may also be questions as to the enforceability of a judgment if one is obtained. The court will weigh relative advantages and obstacles to fair trial.’ ” (Torres, 98 Ill. 2d at 345, quoting Gulf Oil Corp. v. Gilbert (1947), 330 U.S. 501, 508, 91 L. Ed. 1055, 1062, 67 S. Ct. 839, 843.)

(See Bland, 116 Ill. 2d at 224-25; Adkins v. Chicago, Rock Island & Pacific R.R. Co. (1973), 54 Ill. 2d 511, 514.) The public interest factors include “the administrative difficulties flowing from court congestion; ‘a local interest in having localized controversies decided at home’; and the unfairness of burdening citizens in an unrelated forum with jury duty.” Bland, 116 Ill. 2d at 224, quoting Gulf Oil, 330 U.S. at 509, 91 L. Ed. at 1063, 67 S. Ct. at 843.

In Torres, this court stressed that a plaintiff has a substantial right to select the forum in which to bring his or her case:

“We also caution our trial courts that unless [the] factors strongly favor the defendant, then the plaintiff should be allowed to exercise his [or her] choice in deciding in what forum to bring the case when venue is proper.
If there are sufficient factors that favor the plaintiff’s choice of forum, then the defendant’s inconvenience should not be considered, provided venue is proper. For unless the balance strongly favors the defendant, then the plaintiff should be able to exercise his [or her] statutory right to choose [the] forum.” Torres, 98 Ill. 2d at 351.

See Griffith v. Mitsubishi Aircraft International, Inc. (1990), 136 Ill. 2d 101, 106.

Plaintiff’s choice of forum, however, is entitled to less deference when the plaintiff is not a resident of the chosen forum:

“The deference given to plaintiff’s choice of forum is a factor which may be given more or less weight within the test, depending on whether the plaintiff is a resident of the forum selected. In deciding a forum non conveniens motion, a court is to take all the relevant factors into account, giving each factor, including plaintiff’s choice of forum, proper deference or weight under the circumstances. If the plaintiff is foreign to the forum selected, the forum choice should be given less deference than it would be given if the plaintiff were a resident of the forum selected. The test, then, is whether the relevant factors, viewed in their totality, strongly favor transfer to the forum suggested by defendant.” Griffith, 136 Ill. 2d at 108.

In the case at bar, the property on which the incident occurred is in Equality in Gallatin County. Peabody has offices and active mining operations in St. Clair County. Peabody Coal Company’s home office is in Henderson, Kentucky. The home offices of Peabody Holding Company, Inc., and Peabody Development Company are in St. Louis, Missouri. Bayer resides in Equality in Gallatin County. Boner resides in Dale in Hamilton County. Douglas also resided in Dale in Hamilton County. One occurrence witness resides in Dale in Hamilton County. Three other occurrence witnesses reside in Eldorado in Saline County. One potential defense witness resides in Carrier Mills in Saline County, another resides in Henderson, Kentucky, and two others reside in Equality in Gallatin County. Plaintiff obtained, or has attempted to obtain, statements from 26 other persons, all of whom reside in Equality in Gallatin County. Plaintiff’s two investigators reside in Marion in Williamson County. Douglas received medical treatment in Springfield in Sangamon County, Chicago in Cook County, Carbondale in Jackson County, and in Evansville, Indiana. Plaintiff’s attorney has an office in Chicago in Cook County, and Peabody’s attorney has an office in Belleville in St. Clair County. Bayer’s attorney’s office is in Harrisburg in Saline County.

The circuit court, in denying defendants’ motions, stated:

“For the reasons herein stated, at this time, defendants’ motions are denied. However, said defendants may renew their motions at a later time as more discovery is conducted. At this time the Court, based on the record before it, feels that defendants’ motions fail to overcome the substantial right of the plaintiff to select the forum in which to bring a case.

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Cite This Page — Counsel Stack

Bluebook (online)
568 N.E.2d 883, 142 Ill. 2d 523, 154 Ill. Dec. 662, 1991 Ill. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boner-v-peabody-coal-co-ill-1991.