Darnell v. Ralph Korte Equipment Co.

494 N.E.2d 1206, 144 Ill. App. 3d 564, 98 Ill. Dec. 879, 1986 Ill. App. LEXIS 2377
CourtAppellate Court of Illinois
DecidedJune 20, 1986
Docket5-85-0573
StatusPublished
Cited by18 cases

This text of 494 N.E.2d 1206 (Darnell v. Ralph Korte Equipment 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
Darnell v. Ralph Korte Equipment Co., 494 N.E.2d 1206, 144 Ill. App. 3d 564, 98 Ill. Dec. 879, 1986 Ill. App. LEXIS 2377 (Ill. Ct. App. 1986).

Opinion

JUSTICE HARRISON

delivered the opinion of the court:

Plaintiff, Marion M. Darnell, filed a damage action in the circuit court of St. Clair County for personal injuries he allegedly sustained when he fell from a ladder while working as an employee of defendant Ralph Korte Equipment Co. (Korte) at a church owned by defendant Catholic Diocese of Belleville (the Diocese) on a project for which defendant Stauder, Fine & Bildner, Inc. (SFB), served as architect. Plaintiff’s complaint against Korte sounded in negligence. His causes of action against the Diocese and SFB arose under the Structural Work Act (Ill. Rev. Stat. 1983, ch. 48, pars. 60 through 69). Defendants each moved for transfer of the case to Franklin County based upon the doctrine of forum non conveniens. Following discovery by the parties, the circuit court heard arguments of counsel on the motions filed by defendants the Diocese and SFB. Those motions were denied in an order dated July 24, 1985. The record is silent as to the disposition of the motion filed by defendant Korte. Defendant the Diocese then petitioned this court for leave to appeal pursuant to Supreme Court Rule 306(a)(l)(ii) (94 Ill. 2d R. 306(a)(1)(ii)). We granted the Diocese’s petition, and the sole question now before us is whether the circuit court abused its discretion in denying the Diocese’s motion to transfer venue from St. Clair to Franklin County on grounds of forum non conveniens. We affirm.

Relying on common law principles, our supreme court has held that the doctrine of forum non conveniens applies intrastate. (Torres v. Walsh (1983), 98 Ill. 2d 338, 456 N.E.2d 601.) In ruling on motions to transfer venue based on intrastate forum non conveniens, a trial court must consider: (1) the availability of an alternative forum, (2) the access to sources of proof, (3) the accessibility of witnesses, (4) the relative advantages and obstacles to obtaining a fair trial, (5) the congestion of court dockets and (6) the convenience of the parties. (98 Ill. 2d 338, 351, 456 N.E.2d 601, 607.) Unless these factors strongly favor the defendant, then the plaintiff should be allowed to exercise his choice in deciding in what forum to bring the case, provided venue is proper. (98 Ill. 2d 338, 351, 456 N.E.2d 601, 607.) Each case must be considered as unique on its facts. (Satkowiak v. Chesapeake & Ohio Ry. Co. (1985), 106 Ill. 2d 224, 228, 478 N.E.2d 370, 372.) Whether a forum non conveniens motion should be granted or denied rests with the sound discretion of the trial court, and its ruling will not be disturbed on review absent an abuse of discretion. See Bland v. Norfolk & Western Ry. Co. (1986), 140 Ill. App. 3d 862, 866, 489 N.E.2d 435, 438, leave to appeal granted (1986), 112 Ill. 2d 557.

The record in this case is limited to plaintiff’s complaint and amended complaint; defendants’ motions to transfer and plaintiff’s responses; answers to interrogatories filed by plaintiff, defendant the Diocese and defendant Korte; documents produced by defendant Korte in discovery; and notices of compliance with discovery filed by plaintiff and defendants Korte and the Diocese. Although no transcript of the hearing on defendants’ motions has been furnished, these materials apparently contain everything that was presented to the trial court regarding defendants’ motions. Reviewing the relevant forum non conveniens factors in light of this limited record, we conclude that the trial court did not abuse its discretion in denying defendant the Diocese’s motion to transfer.

As a preliminary matter, there is no dispute as to the availability of alternative fora. The accident giving rise to plaintiff’s cause of action occurred at St. Mary’s Church in Sesser, Illinois, which is located in Franklin County, but that church is owned by defendant the Diocese, a corporation whose offices are in St. Clair County. The parties acknowledge that venue would therefore be proper in either St. Clair or Franklin counties. See Ill. Rev. Stat. 1985, ch. 110, pars. 2— 101, 2-102.

Access to sources of proof does not strongly favor Franklin County. Plaintiff seeks to impose liability on defendants the Diocese and SFB on the grounds that they “[permitted a ladder to be used by the plaintiff, Marion M. Darnell, when the ladder was of insufficient structural integrity to support the weight of the person thereon.” We believe that the ladder in question is a more important source of proof than the particular location where the accident occurred. (See Bland v. Norfolk & Western Ry. Co. (1986), 140 Ill. App. 3d 862, 865, 489 N.E.2d 435, 437, leave to appeal granted (1986), 112 Ill. 2d 557.) The record is indeterminate as to the ladder’s present location. The ladder is alleged to belong to defendant Korte, plaintiff’s employer at the time of the accident. Korte apparently has offices not only in Williamson County, which is adjacent to Franklin County, but also in Madison County, which is adjacent to St. Clair County, and elsewhere. In any event, the ladder has been described as being only a wooden stepladder 8-12 feet in length. Because of its relatively small dimensions, it should be readily transportable to either St. Clair or Franklin counties. We note, moreover, that there is some suggestion that the ladder has now been destroyed. If this is so, its accessibility will obviously not be enhanced by any change in the situs of trial.

Accessibility to documentary sources of proof will likewise not be improved by transfer of the case. Defendant Korte’s answers to interrogatories indicate that its records regarding this matter are located at its Highland office in Madison County. Defendant the Diocese’s records are kept at its Belleville offices in St. Clair County. Defendant SFB’s records are presumably maintained in Kirkwood, Missouri, where its offices are located. Kirkwood, Missouri, is in the St. Louis metropolitan area, across the Mississippi River from St. Clair County. Defendant the Diocese has identified no specific documents which are kept at places other than St. Clair County or areas nearby. Furthermore, the record reveals that most documentary evidence, including plaintiff’s medical records, has in fact already been furnished to the parties, and counsel for the Diocese has represented to this court that any additional documents can be supplied via the mails.

As for accessibility of the witnesses, the record shows that plaintiff has identified three individuals who witnessed the accident in which he was injured: Humbert Romani, Jonathin Hardin and James Gilmi. All three were allegedly Korte’s employees, although we are uncertain as to whether they still work for Korte. Romani and Hardin both live in Sesser, Franklin County. Gilmi, said to have been superintendent for Korte at the accident site, is from Creal Springs, a town in the southeastern section of Williamson County. The pastor of the church where the accident occurred, who answered plaintiff’s interrogatories on behalf of defendant the Diocese, has a Franklin County address but is an employee of the Diocese.

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Bluebook (online)
494 N.E.2d 1206, 144 Ill. App. 3d 564, 98 Ill. Dec. 879, 1986 Ill. App. LEXIS 2377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darnell-v-ralph-korte-equipment-co-illappct-1986.