Botello v. Illinois Central Railroad

809 N.E.2d 197, 348 Ill. App. 3d 445, 284 Ill. Dec. 75
CourtAppellate Court of Illinois
DecidedApril 26, 2004
Docket1-03-0314
StatusPublished
Cited by18 cases

This text of 809 N.E.2d 197 (Botello v. Illinois Central Railroad) 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
Botello v. Illinois Central Railroad, 809 N.E.2d 197, 348 Ill. App. 3d 445, 284 Ill. Dec. 75 (Ill. Ct. App. 2004).

Opinion

JUSTICE GORDON

delivered the opinion of the court:

In this permissive interlocutory appeal taken pursuant to Supreme Court Rule 306 (155 Ill. 2d R. 306), defendants, Illinois Central Railroad, Richard Stickler and David Hendrix, appeal from the circuit court’s order denying their motion to transfer this case based on the doctrine of forum non conveniens. Defendants sought to transfer this case from the circuit court of Cook County to the circuit court of Du Page County. Defendants claim that the trial court erred in rejecting their affidavit, in that the rejection was contrary to Illinois law and inconsistent with Supreme Court Rule 187 (134 Ill. 2d R. 187). Defendants further claim that the trial court abused its discretion in denying the motion to transfer this case to the circuit court of Du Page County because the private and the public interest factors heavily weigh in favor of transfer. Although plaintiff has not filed a brief in this court, we will consider the appeal pursuant to the principles set forth in First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill. 2d 128, 345 N.E.2d 493 (1976). For the following reasons, we reverse the order of the trial court.

BACKGROUND

On November 11, 2000, plaintiff, a resident of Du Page County, was injured when he was struck by a train while lying between the rails of the train track. The accident occurred near “west North Avenue” in Addison, Du Page County. On October 31, 2002, plaintiff filed a lawsuit against defendants Illinois Central Railroad Company (hereinafter referred to as IC), Richard Stickler, and David Hendrix in the circuit court of Cook County. In his complaint, plaintiff alleged the train that struck him was owned by IC and operated by Stickler and Hendrix. Plaintiff further claimed that defendants were negligent in failing to keep a proper lookout, failing to engage the emergency brake in a timely manner, failing to sound the train’s whistle in a timely manner, failing to operate the train at a safe speed and failing to properly supervise and train employees.

On December 12, 2002, defendants filed a motion to transfer the case from the circuit court of Cook County to the circuit court for the Eighteenth Judicial Circuit, Du Page County, based upon Supreme Court Rule 187 and the doctrine of intrastate forum non conveniens. Defendants argued that the circuit court of Du Page County was the more convenient forum for all parties. Defendants further argued that both the private interest and the public interest factors weighed heavily in favor of the case being decided in the circuit court of Du Page County. In support of their contention that the private interest weighed heavily in favor of a transfer, defendants filed a memorandum of law and an uncontested affidavit executed by a representative of codefendant Illinois Central Railroad Company. In support of their contention that the public interest factors weighed heavily in favor of a transfer, defendants filed an exhibit showing the time lapse between the date of filing to the date of verdict for cases filed in the circuit court of Cook County and those filed in the circuit court of Du Page County.

The affidavit filed in support of the private interest factors was executed by Donald E. Corp, the risk manager for IC and Chicago, Central and Pacific Railroad (hereinafter referred to as CCP). The affidavit stated that as part of Mr. Corp’s job responsibilities he was required to investigate claims asserted against IC and CCP As a result, he arrived at the scene of the accident, conducted an investigation at the accident site and at the hospital, and reviewed documents kept in the ordinary course of business relating to plaintiffs claim. Based on this investigation, Corp stated he was familiar with plaintiffs claim. However, none of the documents Corp relied on were authenticated or attached to the affidavit.

The affidavit recited that the train in question was owned by CCR a corporate affiliate of IC with headquarters in Waterloo, Iowa, and was operating on a track owned by CCP The crew operating the train consisted of Hendrix, the engineer, and Stickler, the conductor, each of whom work for CCP Both Stickler, who resides in LaPorte City, Iowa, and Hendrix, who resides in Cedar Falls, Iowa, reported to work at CCP’s terminal in Waterloo, Iowa. At the time of the accident, the train was heading westbound to Waterloo, Iowa.

The affidavit stated that the train involved in the accident was equipped with an event recorder, which electronically records information concerning the operation of the train. Following the accident, the supervisor of the train engineers, Doyle Cowles, downloaded the information from the event recorder. Cowles resides in Hudson, Iowa, and works for CCP at its Waterloo terminal.

The affidavit further stated that three police officers from the Addison police department in Du Page County responded to the accident: C. Pope, Scott Sullivan and Angelo Denofrio. Officers Pope, Sullivan and Denofrio investigated the accident and made written reports of their investigation, which are maintained by the department at its office in Addison located in Du Page County.

Additionally, the affidavit outlined that plaintiff was attended to at the scene by paramedics from the Villa Park fire department located in Du Page County. The paramedics then transported plaintiff to Good Samaritan Hospital located in Downers Grove in Du Page County. He was treated at the hospital by doctors on the hospital staff, including Dr. Satarno. Upon release from the hospital, plaintiff received follow-up treatment from Dr. Steven S. Louis of Hinsdale Orthopaedics in Hinsdale located in Du Page County.

Lastly, the affidavit stated that, “based on his review of the records,” the affiant believed that aside from plaintiff, the persons identified in the affidavit had knowledge of the facts relating to the accident and would be called to testify at any trial of this case, and that the affiant was not aware of any witnesses who resided in Cook County or of any physicians who provided treatment to plaintiff in Cook County. The affidavit v ent on to state that CCP would incur “significantly more expense” if this matter was tried in Cook County versus Du Page County and that it would be more convenient for CCF the witnesses, and even plaintiff, if the case were tried in Du Page County

With their motion to transfer the case, defendants included a time-lapse exhibit to support their argument that the public interest factors also favored a transfer of the case to Du Page County. More specifically, the time-lapse exhibit showed the statistics from the Administrative Office of Illinois Courts for the year 2000. However, we note that the trial court, in its opinion, provided the statistics from the Administrative Office of Illinois Courts for the year 2001. The 2001 statistics showed that there were 535 jury verdicts for over $50,000 in Cook County, with an average time from filing to verdict of 38.1 months. In contrast, Du Page County had 49 such cases with an average time from filing to verdict of 28.2 months.

On December 20, 2003, the parties in this case appeared before the trial court on defendants’ motion.

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Bluebook (online)
809 N.E.2d 197, 348 Ill. App. 3d 445, 284 Ill. Dec. 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/botello-v-illinois-central-railroad-illappct-2004.