Buettner v. Parke-Davis & Co.

576 N.E.2d 1125, 217 Ill. App. 3d 316, 160 Ill. Dec. 171, 1991 Ill. App. LEXIS 1390
CourtAppellate Court of Illinois
DecidedJuly 8, 1991
DocketNo. 5-90-0489
StatusPublished
Cited by2 cases

This text of 576 N.E.2d 1125 (Buettner v. Parke-Davis & Co.) 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
Buettner v. Parke-Davis & Co., 576 N.E.2d 1125, 217 Ill. App. 3d 316, 160 Ill. Dec. 171, 1991 Ill. App. LEXIS 1390 (Ill. Ct. App. 1991).

Opinion

JUSTICE WELCH

delivered the opinion of the court:

Plaintiff, Peggy A. Buettner, mother and next friend of Aaron Buettner, a minor, brought an action in the circuit court of St. Clair County, sounding in medical malpractice against defendants Chong K. Park, M.D., and St. Clement Hospital, as well as products liability against defendant Parke-Davis & Company. Each of the above-named defendants filed a motion to transfer venue of this action, on grounds of forum non conveniens, to the circuit court of Randolph County. The circuit court denied defendants’ motions to transfer venue by its order of June 28, 1990. Defendants petitioned this court for leave to appeal the June 28, 1990, order pursuant to Supreme Court Rule 306(a)(l)(ii) (134 Ill. 2d R. 306(a)(l)(ii)), which petition was granted on October 22, 1990.

Defendants contend that the circuit court abused its discretion in denying their motions to transfer venue from St. Clair County to Randolph County based on forum non conveniens because:

(1) all prospective witnesses to the activities complained-of either reside or work in Randolph County;

(2) all events surrounding the occurrence took place solely in Randolph County;

(3) all medical records and relevant documents concerning the occurrence and injuries complained of are located in Randolph County; and

(4) there is no significant connection between the plaintiff’s cause of action and St. Clair County.

For reasons stated as follows, we affirm the denial by the circuit court of defendants’ motions to transfer venue.

The record indicates that plaintiff and his parents are residents of Red Bud, Illinois, which is located in Randolph County. St. Clement’s Hospital is located in Sparta, Illinois, also in Randolph County. Dr. Park is a resident of Waterloo in Monroe County, Illinois, and has his medical office in Red Bud, Randolph County, Illinois. Warner-Lambert, Inc., d/b/a Parke-Davis, Inc., a foreign corporation whose registered agent in Illinois is located in Cook County, stipulated, for purposes of this lawsuit only, that it is a resident of St. Clair County under sections 2 — 101 and 2 — 102 of the Code of Civil Procedure (see Ill. Rev. Stat. 1989, ch. 110, pars. 2 — 101, 2 — 102). We note at this juncture that under our venue statute (Ill. Rev. Stat. 1989, ch. 110, par. 2 — 101), venue in the instant case would be proper in either St. Clair County, as Parke-Davis has stipulated residence therein under section 2 — 102 (Ill. Rev. Stat. 1989, ch. 110, par. 2 — 102), or Randolph County, as the situs of the alleged injury.

The record further indicates that St. Clair, Randolph, and Monroe Counties are each adjacent to the other. Affidavits were filed which certified that the distance from the St. Clair County courthouse in Belleville, Illinois, to Red Bud is 20.2 miles with driving time between the two locations of 23 minutes. In contrast, the distance between the Randolph County courthouse in Chester, Illinois, to Red Bud is 25.4 miles with driving time between Chester and Red Bud of approximately 31 minutes. The distance between Dr. Park’s residence in Waterloo and the St. Clair County courthouse is 34 miles.

This controversy involves the physical and mental injury to Aaron Buettner suffered during his birth, allegedly as the result of the use of the drug Pitocin on Peggy Buettner to initiate her labor, as well as the alleged negligence of Dr. Park and St. Clement Hospital during Peggy Buettner’s labor and delivery on June 21 and 22, 1980. All prenatal care would have been received at Dr. Park’s Red Bud office, and Peggy Buettner’s labor and delivery occurred solely at St. Clement’s Hospital. The attorneys for plaintiff and one of the defendants have law offices in St. Clair County. Attorneys for the remaining defendants have offices in St. Louis, Missouri, located to the immediate west of St. Clair County, Illinois, across the Mississippi River.

Aaron Buettner received his neonatal care at Cardinal Glennon Children’s Hospital in St. Louis, Missouri. His treating family physician practices in Belleville. He attends a special school in St. Clair County.

The doctrine of forum non conveniens provides that 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. (Boner v. Peabody Coal Co. (1991), 142 Ill. 2d 523, 527, 568 N.E.2d 883, 885, citing Bland v. Norfolk & Western Ry. Co. (1987), 116 Ill. 2d 217, 223, 506 N.E.2d 1291, 1294.) The doctrine 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, 211, citing Bland, 116 Ill. 2d at 223, 506 N.E.2d at 1294.) This doctrine is applicable on an intrastate, as well as interstate, basis since the supreme court’s decision in Torres v. Walsh (1983), 98 Ill. 2d 338, 456 N.E.2d 601. The party seeking transfer of venue on forum non conveniens grounds has the burden of showing that plaintiff’s chosen forum will be unduly burdensome or inconvenient to him. Lint v. Missouri Pacific R.R. Co. (1990), 200 Ill. App. 3d 1047, 1049, 558 N.E.2d 702, 703.

In resolving both interstate as well as intrastate forum non conveniens questions, it is well established that the trial court must balance private-interest factors affecting the convenience to the litigants with the public-interest factors affecting the administration of the court. (Griffith, 136 Ill. 2d at 105, 554 N.E.2d at 211; Bland, 116 Ill. 2d at 223-24, 506 N.E.2d at 1294.) Private-interest factors to be considered are “ ‘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.’ ” (Torres, 98 Ill. 2d at 345, 456 N.E.2d at 604, quoting Gulf Oil Corp. v. Gilbert (1947), 330 U.S. 501, 508, 91 L. Ed. 1055, 1062, 67 S. Ct. 839, 843.) Relevant public-interest factors include the administrative difficulties caused when litigation is handled in congested venues, the unfairness of imposing jury duty upon residents of a county with no connection to the litigation, and an interest in having localized controversies decided locally. Griffith, 136 Ill. 2d at 106, 554 N.E.2d at 211, citing McClain v. Illinois Central Gulf R.R. Co. (1988), 121 Ill. 2d 278, 289-90, 520 N.E.2d 368, 372.

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576 N.E.2d 1125, 217 Ill. App. 3d 316, 160 Ill. Dec. 171, 1991 Ill. App. LEXIS 1390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buettner-v-parke-davis-co-illappct-1991.