Boston v. Rockford Memorial Hospital

489 N.E.2d 429, 140 Ill. App. 3d 969, 95 Ill. Dec. 208, 1986 Ill. App. LEXIS 1802
CourtAppellate Court of Illinois
DecidedFebruary 4, 1986
Docket84—1973, 84—2138, 84—2626 cons.
StatusPublished
Cited by34 cases

This text of 489 N.E.2d 429 (Boston v. Rockford Memorial Hospital) 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
Boston v. Rockford Memorial Hospital, 489 N.E.2d 429, 140 Ill. App. 3d 969, 95 Ill. Dec. 208, 1986 Ill. App. LEXIS 1802 (Ill. Ct. App. 1986).

Opinion

JUSTICE STAMOS

delivered the opinion of the court:

Three petitions have been consolidated for this court’s opinion. These petitions arise from two circuit court cases. In each case, the defendants’ motions to dismiss the action on the grounds of forum non conveniens were denied by the trial court. Certain defendants in each case sought review of the trial court’s ruling pursuant to Supreme Court Rule 306(a)(l)(ii) (87 Ill. 2d R. 306(a)(l)(ii)). Exercising its discretion under the rule, this court granted the petitions.

On April 2, 1984, plaintiffs Theresa and Walter Boston (the Bostons), filed their complaint at law naming Rockford Memorial Hospital (Rockford Memorial), E Suma, M.D. (Suma) and the Posey Corporation as defendants. A first amended complaint added American Hospital Supply Corporation (American) as a defendant, and a second amended complaint named J. T. Posey (Posey) as an additional defendant. The Posey Corporation was later dismissed from the lawsuit as an erroneously named defendant.

The Bostons alleged that Theresa Boston was treated at Rockford Memorial in Rockford for a total left knee arthoplasty. During the treatment a leather cuff restraint was placed on her left foot, allegedly causing a full thickness pressure ulcer which required surgery. Theresa Boston alleged medical malpractice claims against Rockford Memorial and Suma and product liability claims against American and Posey. Walter Boston alleged a consortium count against all defendants.

Rockford Memorial moved on May 3, 1984, to transfer venue to Winnebago County. Suma moved on June 1, 1984, to transfer venue to Winnebago County. There, they asserted, the cause of action arose, the plaintiffs reside, Rockford Memorial is located and Suma resides and practices. The motions established that all care and treatment of Theresa Boston occurred in Winnebago County and was provided by hospital personnel and physicians who live and work in a county other than Cook. While Posey Corporation may have had offices in Cook County, no actions or omissions alleged in the complaint took place in Cook and all witnesses and material facts for the presentation of evidence were in Winnebago County. The Bostons responded that American and Posey were doing business in Cook County and that plaintiffs should be allowed to exercise their choice of forum because the factors articulated in Torres v. Walsh (1983), 98 Ill. 2d 338, 456 N.E.2d 601, did not strongly favor the defendants. The trial court denied the defendants’ motions.

Posey later also moved to transfer venue to Winnebago County, repeating many of the same matters demonstrated by Rockford Memorial’s and Suma’s motions. Additionally, Posey established that the individuals involved in treatment of plaintiff’s ankle included five physicians, all of whom practiced in Winnebago County. Posey also demonstrated by affidavit filed with the motion that it is a California corporation whose operations are centralized in California, and that its only facility in Illinois is a Chicago warehouse used as a shipping depot and employing only clerical personnel. The trial court denied the motion to transfer venue.

On January 19, 1984, plaintiff Dessie Williams filed her complaint at law naming Dr. Nathan, Dr. Krohm, the Rockford Orthopedic Associates, Ltd. (Associates), Rockford Memorial, and American as defendants. She alleged that on January 20, 1982, Dr. Nathan treated her fractured left humerus and that, following surgery, she had neurological damage to her left arm, hand, wrist and fingers. She alleged medical malpractice claims against the defendant doctors, Associates and Rockford Memorial. She alleged product liability claims against American.

On May 3, 1984, defendants Rockford Memorial and Krohm moved to transfer venue to Winnebago County on the grounds of forum non conveniens. Their motions established that Krohm resided and worked only in McHenry County, that defendants Nathan and Associates were located only in Winnebago County and that plaintiff resided in Winnebago County. Rockford Memorial and Krohm asserted that all medical treatment alleged in the complaint took place in Rockford Memorial and was provided by hospital personnel and physicians who live and work in a county other than Cook. Nothing referred to in plaintiff’s complaint took place in Cook County and no actions or omissions alleged in the complaint took place in Cook, although American was served there. The Krohm motion was supported by affidavit and by a memorandum of American’s. Williams responded that American was a resident of Cook County and that the factors set forth in Torres did not strongly favor defendants. After hearing oral arguments on the matter, the trial court denied defendants’ motions, finding the factors to be weighed under the forum non conveniens rationale did not strongly favor the defendants.

Before discussing the merits of the case, we address the Boston’s motion to strike from defendant Posey’s brief an appendix containing statistics of the cases pending and disposed of in Cook and Winnebago Counties in 1983. The information is excerpted from the 1983 report prepared by the Director of the Administrative Office of the Illinois Courts. The Bostons contend that since the appendix was neither filed in the trial court nor incorporated by reference in the trial court’s order denying defendants’ motions to transfer venue, it is matter dehors the record of which this court may not take notice.

However, an appellate court may take judicial notice of matters not previously presented to the trial court when the matters are capable of instant and unquestionable demonstration. (May Department Stores Co. v. Teamsters Union Local No. 743 (1976), 64 Ill. 2d 153, 159, 355 N.E.2d 7.) Our supreme court has held that the condition of a circuit court docket is “not a fact difficult of ascertainment and [is] a matter of which the circuit court could properly take judicial notice. The pertinent reports are on file in the office of the Court Administrator ***.” (Fender v. St. Louis Southwestern Ry. Co. (1971), 49 Ill. 2d 1, 6, 273 N.E.2d 353, 356.) Therefore, we deny the Bostons’ motion to strike and take judicial notice of the appendix and its contents.

The primary issue to be considered is whether the trial court abused its discretion when it denied the defendants’ motions to transfer venue based on the doctrine of forum non conveniens. Defendants contend that the central purpose of the doctrine is to assure the convenience of the litigants and that the sum of factors to be evaluated in a forum non conveniens inquiry here strongly weighs in favor of transfer to Winnebago County. Indeed, under forum non conveniens a court may decline to exercise jurisdiction over a case properly before it whenever another forum can better serve the convenience of the litigants and promote the ends of justice. (Horn v. Rincker (1981), 84 Ill. 2d 139, 149, 417 N.E.2d 1329.) The inquiry therefore centers upon which of multiple available forums is most convenient under the facts of the case. (Espinosa v. Norfolk & Western Ry. Co. (1981), 86 Ill.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Tobias v. City of Chicago's Office of the Mayor
2026 IL App (1st) 241435-U (Appellate Court of Illinois, 2026)
Seilheimer v. Olsen
2025 IL App (1st) 240418 (Appellate Court of Illinois, 2025)
People v. Holmes
2025 IL App (2d) 240194 (Appellate Court of Illinois, 2025)
People v. Thomas
2025 IL App (1st) 232035 (Appellate Court of Illinois, 2025)
Lutzenkirchen v. OSF Saint Anthony Medical Center
2025 IL App (1st) 250028 (Appellate Court of Illinois, 2025)
Petta v. Christie Business Holding Co.
2023 IL App (5th) 220742 (Appellate Court of Illinois, 2023)
People v. Castillo
2022 IL 127894 (Illinois Supreme Court, 2022)
Zamora v. Lewis
2021 IL App (1st) 201296-U (Appellate Court of Illinois, 2021)
City of Herrin v. Horner
2021 IL App (5th) 200200-U (Appellate Court of Illinois, 2021)
Wells Fargo Bank, N.A. v. Simpson
2015 IL App (1st) 142925 (Appellate Court of Illinois, 2015)
Gundlach v. Lind
Appellate Court of Illinois, 2004
Dawdy, Jr. v. Union Pacific R.R. Co.
797 N.E.2d 687 (Illinois Supreme Court, 2003)
Dawdy v. Union Pacific RR Co.
797 N.E.2d 687 (Illinois Supreme Court, 2003)
Ferguson v. Bill Berger Associates, Inc.
704 N.E.2d 830 (Appellate Court of Illinois, 1998)
Wojtonik v. Illinois Central Railroad
640 N.E.2d 355 (Appellate Court of Illinois, 1994)
Blakey v. Gilbane Building Co.
637 N.E.2d 442 (Appellate Court of Illinois, 1994)
Wehde v. Regional Transportation Authority
604 N.E.2d 446 (Appellate Court of Illinois, 1992)
Certain Underwriters at Lloyd's, London v. BERTRAND GOLDBERG ASSOC., INC.
606 N.E.2d 541 (Appellate Court of Illinois, 1992)
Boner v. Peabody Coal Co.
568 N.E.2d 883 (Illinois Supreme Court, 1991)
Schoon v. Hill
566 N.E.2d 718 (Appellate Court of Illinois, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
489 N.E.2d 429, 140 Ill. App. 3d 969, 95 Ill. Dec. 208, 1986 Ill. App. LEXIS 1802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boston-v-rockford-memorial-hospital-illappct-1986.