Bucklew v. G.D. Searle & Co.

562 N.E.2d 186, 138 Ill. 2d 282, 149 Ill. Dec. 722, 1990 Ill. LEXIS 106
CourtIllinois Supreme Court
DecidedOctober 4, 1990
Docket69456
StatusPublished
Cited by28 cases

This text of 562 N.E.2d 186 (Bucklew v. G.D. Searle & 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
Bucklew v. G.D. Searle & Co., 562 N.E.2d 186, 138 Ill. 2d 282, 149 Ill. Dec. 722, 1990 Ill. LEXIS 106 (Ill. 1990).

Opinion

JUSTICE MILLER

delivered the opinion of the court:

Plaintiffs, Kelly and James Bucklew, brought the present action in the circuit court of St. Clair County against the defendants, G.D. Searle & Company and Searle Pharmaceuticals, Inc. The circuit judge denied the defendants’ motion to transfer the action for lack of venue or, in the alternative, on grounds of forum non conveniens. The appellate court denied the defendants’ request for an immediate appeal from the circuit court’s adverse ruling. (107 Ill. 2d Rules 306(a)(l)(ii), (a)(l)(iv).) We allowed the defendants’ petition for leave to appeal (107 Ill. 2d R. 315(a)).

The plaintiffs, who are husband and wife, commenced the present action in the circuit court of St. Clair County on April 15, 1986. In a seven-count complaint, the plaintiffs requested awards of both compensatory and punitive damages for injuries allegedly resulting from Mrs. Bucklew’s use of an intrauterine device (IUD) that had been designed, manufactured, and sold by defendant G.D. Searle. Recovery was sought under theories of strict liability, negligence, and breach of warranty. According to the complaint, the IUD was prescribed to Mrs. Bucklew in 1979 by a physician in Fort Wayne, Indiana, where the couple then resided. The plaintiffs allege that Mrs. Bucklew developed a number of complications as a result of her use of the Searle IUD and that she discovered her injuries in June 1984. The plaintiffs were living in Carterville, Illinois, when the present action was instituted; Carterville is located in Williamson County.

On May 27, 1986, the defendants filed a motion for transfer of the plaintiffs’ action. In support of the motion, the defendants raised two separate grounds for relief. The defendants first contended that venue was lacking in St. Clair County because no part of the underlying transaction occurred in that county and because neither of the two defendants maintained an office or did business there. Assuming that venue was proper in St. Clair County, the defendants requested, as an alternative basis for relief, that the action be transferred to a more convenient locale under the doctrine of forum non conveniens. On October 21, 1987, the circuit court denied the defendants’ motion for transfer and instructed the defendants to answer the plaintiffs’ complaint within 28 days. Within that time period, on November 18, 1987, the defendants filed a motion for reconsideration, supplying additional information in support of their alternative requests for relief; the defendants filed a short supplement to their motion the following day, November 19.

While the defendants' motion for reconsideration was pending in the circuit court, the defendants filed in the appellate court a petition requesting leave to appeal from the circuit judge’s order denying the original transfer motion. (107 Ill. 2d Rules 306(a)(l)(ii), (a)(l)(iv).) The appellate court denied the defendants’ petition on January 12, 1988, and the defendants did not on that occasion seek further review before this court. On April 11, 1988, the defendants filed in the circuit court what was denominated a renewed motion for transfer. The renewed motion was in most respects identical with the motion for reconsideration filed by the defendants the preceding November. The motion for reconsideration had not been disposed of when the defendants filed their April 1988 motion renewing their request for transfer.

The case was later assigned to a different judge. On March 30, 1989, the second judge heard arguments on the defendants’ motion for reconsideration and renewed motion for transfer. The second judge denied both motions in an order entered May 18, 1989. The appellate court denied the defendants’ petition for leave to appeal from that ruling (107 Ill. 2d Rules 306(a)(l)(ii), (a)(l)(iv)). We subsequently granted defendants’ petition for leave to appeal (107 Ill. 2d R. 315(a)). The defendants contend here, as they did in the circuit court, that the plaintiffs’ suit must be transferred because St. Clair County is not a proper venue or, in the alternative, because St. Clair County is an inconvenient forum.

The plaintiffs argue, as a preliminary matter, that the defendants’ successive motions for transfer were untimely. In general, a motion challenging a plaintiff’s choice of venue must be filed on or before the time the party is required to answer the complaint. (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 104(b).) A motion to transfer an action on grounds of forum non conveniens “must be filed by a party not later than 90 days after the last day allowed for the filing of that party’s answer.” (107 Ill. 2d R. 187(a); see Kemner v. Monsanto Co. (1986), 112 Ill. 2d 223, 235-42.) The plaintiffs acknowledge that the defendants’ initial motion for transfer satisfied both time limits. The plaintiffs contend, however, that the defendants’ subsequent motions were not timely. The plaintiffs maintain that the filing of successive motions by disappointed litigants should be discouraged, if not prohibited.

We conclude that the motions for change of venue submitted by the defendants following the first judge’s ruling denying the request for transfer were in the nature of a motion for reconsideration and were timely. Accordingly, we need not decide in the present case whether successive motions for transfer are within the letter, if not the spirit, of the statutory time limit. The defendants submitted their motion for reconsideration within the 28-day period allowed by the circuit court for answering the plaintiffs’ complaint after the initial motion was denied. The defendants later filed a renewed motion for transfer, which in substance incorporated their pending motion for reconsideration. Although the defendants had in the meantime also filed a petition seeking leave to appeal from the circuit court’s initial ruling, the appellate court did not allow the petition. We conclude that the defendants’ renewed motion for transfer related back to their earlier motion for reconsideration, and that the circuit court did not lack authority on that ground to consider the motions on their merits.

The venue statutes that govern the present action are the general provisions found in the Code of Civil Procedure. (See Ill. Rev. Stat. 1987, ch. 110, pars. 2 — 101 through 2 — 108.) In the case at bar, venue is proper in any county where one of the defendants resides or where some part of the underlying transaction occurred. Section 2 — 101 of the Code of Civil Procedure states:

“Except as otherwise provided in this Act, every action must be commenced (1) in the county of residence of any defendant who is joined in good faith and with probable cause for the purpose of obtaining a judgment against him or her and not solely for the purpose of fixing venue in that county, or (2) in the county in which the transaction or some part thereof occurred out of which the cause of action arose.
If all defendants are nonresidents of the State, an action may be commenced in any county.” (Ill. Rev. Stat. 1987, ch. 110, par. 2-101.)

With respect to the place of residence of foreign corporations such as the defendants, section 2 — 102 of the Code of Civil Procedure provides, in pertinent part:

“For purposes of venue, the following definitions apply:

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Cite This Page — Counsel Stack

Bluebook (online)
562 N.E.2d 186, 138 Ill. 2d 282, 149 Ill. Dec. 722, 1990 Ill. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bucklew-v-gd-searle-co-ill-1990.