Broeker v. Turville

628 N.E.2d 996, 257 Ill. App. 3d 389, 195 Ill. Dec. 532
CourtAppellate Court of Illinois
DecidedDecember 29, 1993
Docket1-92-4120
StatusPublished
Cited by4 cases

This text of 628 N.E.2d 996 (Broeker v. Turville) 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
Broeker v. Turville, 628 N.E.2d 996, 257 Ill. App. 3d 389, 195 Ill. Dec. 532 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE TULLY

delivered the opinion of the court:

Plaintiff, Mary K. Broeker, independent executor of the estate of John W. Broeker, petitions this court pursuant to Supreme Court Rule 306(a)(l)(iv) (134 Ill. 2d R. 306(a)(l)(iv)) to grant her leave to appeal from an order of the circuit court of Cook County granting the motion of defendants, Norbert D. Turville (Turville) and JMS Concrete Construction, Inc. (JMS), to transfer venue in this cause from Cook County to Du Page County based on the doctrine of forum non conveniens.

We grant plaintiff’s petition for leave to appeal and reverse and remand.

FACTUAL BACKGROUND

This cause arises from an automobile accident that occurred near the intersection of Route 59 and Butterfield Road in Warrenville, Du Page County, Illinois. John Broeker, plaintiffs decedent, was a resident of Naperville, Du Page County, Illinois.

On May 16, 1991, decedent was driving southbound on Route 59 when a northbound truck owned by JMS, driven by Turville, crossed the median and struck decedent’s car. Following the accident, decedent was taken to the hospital, where he died as a result of the injuries he sustained in the collision.

Birdie Dixon (Dixon), a resident of Cook County, was driving behind decedent’s vehicle in another car insured by defendant Maurice Hall, a resident of Cook County. Dixon’s vehicle crashed into the rear of decedent’s automobile.

Kenneth Ottavi (Ottavi), a resident of Du Page County, was minimally involved with the accident. According to the police report, while Ottavi suffered no visible physical injury, the front end of his car sustained damage of over $250.

There were two witnesses to the occurrence, Marge J. Pack and Carla Arnold, both Du Page County residents.

On March 26, 1992, plaintiff filed a complaint in the circuit court of Cook County against defendants. On May 15, 1992, JMS and Turville filed a motion to dismiss or in the alternative for a transfer of venue based on the doctrine of forum non conveniens. The motion was supported by a copy of plaintiff’s complaint and an affidavit executed by Juli M. Sterne (Juli), the president of JMS, stating that JMS’s principal place of business was located in West Chicago, Du Page County, Illinois, and that Turville was an employee of JMS and operating a JMS vehicle at the time of the collision. In addition, JMS and Turville attached to the motion various police and accident reports relating to the incident.

Subsequent to the filing of the motion, plaintiff was granted leave to take the discovery deposition of Juli. In exhibits attached to Juli’s deposition, it was shown that JMS had numerous jobsites in Cook County.

ISSUE PRESENTED FOR REVIEW

The sole issue to be determined in this appeal is: Did the trial court err in granting defendants’ motion for change of venue based upon the doctrine of forum non conveniens ?

OPINION

"The doctrine of forum non conveniens is an equitable doctrine that assumes the existence of more than one forum with jurisdiction over the parties and the subject matter of a case.” (Griffith v. Mitsubishi Aircraft International, Inc. (1990), 136 Ill. 2d 101, 105, 554 N.E.2d 209.) The doctrine’s application invokes principles of fairness and convenience in selecting between two or more forums that have jurisdiction over a case. (Foster v. Chicago & North Western Transportation Co. (1984), 102 Ill. 2d 378, 382, 466 N.E.2d 198.) In addressing a forum non conveniens question, courts must balance private interest factors affecting the litigants and public interest factors affecting the administration of the courts. Bland v. Norfolk & Western Ry. Co. (1987), 116 Ill. 2d 217, 223-24, 506 N.E.2d 1291.

Private interest factors included are the convenience of the litigants, the relative ease of access to sources of proof, witness accessibility, and all other practical problems that make the trying of a case easy, expeditious and inexpensive. McClain v. Illinois Central Gulf R.R. Co. (1988), 121 Ill. 2d 278, 288-89, 520 N.E.2d 368.

Public interest factors to be considered are the administrative difficulties that occur when litigation is handled in congested venues, the unfairness of imposing jury duty upon residents with no connection to the case, and an interest in having localized controversies decided locally. Griffith, 136 Ill. 2d at 106.

Under the doctrine of forum non conveniens, a further consideration is deference to the plaintiffs choice of forum. The plaintiffs right to choose the forum is a substantial one, and unless the factors strongly weigh in favor of transfer, such choice of forum should be. disturbed rarely. (Jones v. Searle Laboratories (1982), 93 Ill. 2d 366, 372-73, 444 N.E.2d 157.) However, the plaintiffs choice of forum deserves less deference where the plaintiff is not a resident of the chosen forum. The assumption is that, when the plaintiffs home forum is chosen, this choice is convenient. However, when the plaintiff is foreign, this assumption is much less reasonable. Griffith, 136 Ill. 2d at 106.

A trial court’s decision in ruling on a forum non conveniens motion will be reversed only if it is shown that the court abused its broad discretion in weighing the relevant considerations. Meyers v. Bridgeport Machines Division of Textron, Inc. (1986), 113 Ill. 2d 112, 118, 497 N.E.2d 745.

Upon review of the record in this case, we conclude that the trial court abused its discretion in granting JMS and Turville’s motion to transfer venue to Du Page County. After applying the relevant factors to the case sub judice, we find that they do not weigh strongly in favor of transfer to Du Page County.

We begin our analysis with an examination of the relevant private interest factors. First, we believe that a trial in Cook County would not obstruct the parties’ access to sources. JMS and Turville urge that all documentation with respect to the accident, the police investigation and treatment of decedent will be found in Du Page County, viz., the accident report prepared by the Warrenville police department, the fact that Turville was taken to Central Du Page Hospital, the JMS vehicle was taken to the Warrenville impound lot, decedent was taken to Edward Hospital in Naperville, Dixon was taken to Edward Hospital and Ottavi was taken to Central Du Page Hospital. However, JMS and Turville fail to explain how producing the aforementioned documentation in Cook County will result in any undue expense or inconvenience.

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628 N.E.2d 996, 257 Ill. App. 3d 389, 195 Ill. Dec. 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broeker-v-turville-illappct-1993.