Carlberg v. Chrysler Motors Corp.

556 N.E.2d 1284, 199 Ill. App. 3d 127, 145 Ill. Dec. 382, 1990 Ill. App. LEXIS 953
CourtAppellate Court of Illinois
DecidedJune 28, 1990
DocketNos. 2—89—1199, 2—89—1305 cons.
StatusPublished
Cited by2 cases

This text of 556 N.E.2d 1284 (Carlberg v. Chrysler Motors Corp.) 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
Carlberg v. Chrysler Motors Corp., 556 N.E.2d 1284, 199 Ill. App. 3d 127, 145 Ill. Dec. 382, 1990 Ill. App. LEXIS 953 (Ill. Ct. App. 1990).

Opinion

JUSTICE REINHARD

delivered the opinion of the court:

These two lawsuits were filed as separate actions in the circuit court of Du Page County. The causes, consolidated on appeal, are before this court on our granting the petitions of defendants, Chrysler Motors Corporation (Chrysler) and Chrysler Credit Corporation (Chrysler Credit), for leave to appeal pursuant to Supreme Court Rule 306(a)(1)(ii) (107 Ill. 2d R. 306(a)(1)(ii)) seeking review of the trial court’s denial of their motions to transfer the actions to Cook County based on the doctrine of forum non conveniens.

At issue in these appeals is whether the trial court abused its discretion in denying the motions for transfer pursuant to the doctrine of forum non conveniens.

The facts in these two actions can be briefly summarized. In appeal No. 2—89—1199, plaintiffs, John and Michalle Carlberg, brought suit against Chrysler, Chrysler Credit, and Irving Park Chrysler-Plymouth (Irving Park) alleging breach of express and implied warranties in connection with the purchase in March 1987 of a 1986 Chrysler automobile from Irving Park and seeking “revocation” of the retail installment contract entered into in connection with the purchase of the automobile. Attached to the complaint was a letter revoking acceptance of the automobile which was sent to Irving Park at a Cook County address and to Chrysler and Chrysler Credit at Du Page County addresses.

The Carlbergs’ complaint alleged that Chrysler is a foreign corporation which does business in every county of Illinois and which maintains offices in Du Page County. It also alleged that Irving Park is an Illinois corporation with offices and a business establishment located in Cook County. Documents attached to the complaint indicate that the Carlbergs reside in Cook County.

Chrysler Credit filed a motion in the circuit court of Du Page County seeking transfer of the cause to Cook County on the basis of forum non conveniens. The petition noted that the purchase of the subject automobile, as well as any repairs subsequently undertaken by any of the defendants, occurred in Cook County. Given that the Carlbergs were also Cook County residents, Chrysler Credit contended that the proper forum was Cook County. Chrysler subsequently joined in Chrysler Credit’s motion to transfer the cause to Cook County. The trial court denied the motion to transfer.

In appeal No. 2—89—1305, plaintiff, Scott Osman, a resident of Kendall County, brought suit in connection with the purchase on January 31, 1989, of a 1984 Oldsmobile automobile against Chrysler, Schaumburg Dodge, and the First National Bank of Waukegan (Bank) alleging breach of warranties, violation of section 2 of the Consumer Fraud and Deceptive Business Practices Act (Ill. Rev. Stat. 1987, ch. 121½, par. 262), fraud, and odometer fraud, and seeking to revoke his retail installment contract assigned to the Bank. Schaumburg is located in Cook County, and the Bank is located in Lake County.

Chrysler filed a motion to transfer venue to Cook County on the basis of forum non conveniens, advancing essentially the same arguments as in the case brought by the Carlbergs. Chrysler’s motion was similarly denied.

The motion to transfer the cause to Cook County, in the case brought by Osman, was argued on essentially the same basis as the motion in the case brought by the Carlbergs. Chrysler and Chrysler Credit contended that Du Page County had no real connection to the transaction which was the subject of the lawsuit. Osman’s and the Carlbergs’ responses to the motion noted the proximity of the Du Page County courthouse to both the Cook County courthouse and the parties and also referred to the congestion of the Cook County court docket compared to that of Du Page County.

On appeal, Chrysler and Chrysler Credit maintain that the trial court abused its discretion in both cases when it denied the motions to transfer to Cook County. Essentially they contend that, although Chrysler and Chrysler Credit may have offices and do business in Du Page County, the transaction out of which these cases arose took place in Cook County and, therefore, Cook County is the appropriate forum. The Carlbergs and Osman, on the other hand, contend that the trial court correctly declined to transfer the cases to Cook County. Specifically, the Carlbergs and Osman claim that Du Page County is the proper forum for these two lawsuits because (1) Chrysler and Chrysler Credit have offices and do business in Du Page County; (2) no inconvenience to the parties and witnesses will result if the cases remain in Du Page County; and (3) the court docket in Cook County is congested in comparison to that of Du Page County. The Carlbergs also contend that, because they mailed their notice of revocation to Chrysler and Chrysler Credit’s Du Page County offices, part of the transaction giving rise to their suit took place in Du Page County.

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. (Griffith v. Mitsubishi Aircraft International, Inc. (1990), 136 Ill. 2d 101, 105.) Under the doctrine, a court may decline to exercise jurisdiction of a cause where it appears that there is another forum with jurisdiction over the parties in which trial can be had more conveniently. (Bland v. Norfolk & Western Ry. Co. (1987), 116 Ill. 2d 217, 223.) Illinois has long recognized the doctrine of forum non conveniens in cases involving other States, and our supreme court has also recognized the intrastate applicability of the doctrine to transfers between counties within Illinois. Torres v. Walsh (1983), 98 Ill. 2d 338, 344-47.

In its recent decision in Griffith v. Mitsubishi Aircraft International, Inc. (1990), 136 Ill. 2d 101, the Illinois Supreme Court reiterated the factors to be considered in evaluating a defendant’s motion to transfer under the doctrine of forum non conveniens. The trial court should weigh both the private interest factors affecting the litigants and the public interest factors affecting the courts. The private interest factors to be considered are the convenience of the parties, the relative ease of access to the sources of proof, the accessibility of witnesses, and other practical problems associated with trial. The 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.

The trial court must also consider a plaintiff’s substantial right to select the forum in which his case is heard. Unless the factors weigh strongly in favor of transfer, the plaintiff’s choice of forum should rarely be disturbed. The plaintiff’s choice deserves less deference, however, when the plaintiff is not a resident of the chosen forum. (Griffith, 136 Ill. 2d at 106.) The plaintiff’s choice of forum is but one factor, along with other relevant private and public interest factors, to be considered in the balancing process. The test is whether the relevant factors, viewed in their totality, strongly favor transfer to the forum suggested by the party seeking transfer. (Griffith, 136 Ill.

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Bluebook (online)
556 N.E.2d 1284, 199 Ill. App. 3d 127, 145 Ill. Dec. 382, 1990 Ill. App. LEXIS 953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlberg-v-chrysler-motors-corp-illappct-1990.