Griffith v. Mitsubishi Aircraft International, Inc.

554 N.E.2d 209, 136 Ill. 2d 101, 143 Ill. Dec. 274, 1990 Ill. LEXIS 46
CourtIllinois Supreme Court
DecidedApril 18, 1990
Docket68064
StatusPublished
Cited by176 cases

This text of 554 N.E.2d 209 (Griffith v. Mitsubishi Aircraft International, Inc.) 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
Griffith v. Mitsubishi Aircraft International, Inc., 554 N.E.2d 209, 136 Ill. 2d 101, 143 Ill. Dec. 274, 1990 Ill. LEXIS 46 (Ill. 1990).

Opinion

JUSTICE MILLER

delivered the opinion of the court:

The instant cases arise out of an air crash that occurred on March 5, 1986, in Eola, Du Page County, Illinois. The flight originated from Meigs Field in Chicago and was en route to Du Page County Airport when the crash occurred. On board were two pilots, Robert Klein and Donald C. Malatesta, and three passengers, Margaret Burnidge, F. Francis D’Addario, and Ivan F. Smejkal, all of whom died as a result of injuries sustained in the crash. Plaintiffs, as administrators of the estates of the deceased occupants, filed separate wrongful-death and survival actions in the circuit court of Cook County against defendants Mitsubishi Aircraft International, Inc. (MAI), TRW, Inc., Allied-Signal, Inc., Unisys Corporation, and Cavanaugh Aviation, Inc., among others. The cases were consolidated for discovery purposes. In June 1986, the five defendants named above moved to transfer the cases to Du Page County on the ground of forum non conveniens. After the circuit court of Cook County denied the motion, defendants filed a petition for leave to appeal from the trial court’s order, which the appellate court denied (107 Ill. 2d R. 306(a)(l)(ii)). We granted defendants’ petition for leave to appeal (107 Ill. 2d R. 315(a)).

A brief review of the facts is necessary. On March 5, 1986, plaintiffs’ decedents traveled from Connecticut to Chicago on business. From Chicago, they proceeded to Detroit and then made a return trip to Chicago. Before returning home to Connecticut, the decedents headed toward the Du Page County Airport, where they were to drop off Ms. Burnidge, one of the passengers. Plaintiffs allege that shortly after the decedents left Meigs Field in Chicago, the aircraft, a Mitsubishi MU-2, went into a “spin” and crashed to the ground. The point of impact was in Eola, Du Page County, Illinois.

None of the plaintiffs are residents of Illinois. Plaintiffs Griffith, Smejkal, Klein, and Malatesta are residents of Connecticut, as were their decedents at the time of the accident. One of the decedents, Margaret Burnidge, was a resident of Wheaton, Du Page County, Illinois, at the time of her death. The Burnidge actions, however, were settled by the owner of the aircraft, Air Hi-Ho, Inc., subsequent to defendants’ appeal to this court.

Plaintiffs filed separate wrongful-death and survival actions in Cook County, Illinois, alleging that the aircraft and various component parts were in an unreasonably dangerous condition and that defendants negligently designed and/or manufactured the aircraft and its components. Plaintiffs also allege that Cavanaugh, the seller of the aircraft, placed the aircraft into the stream of commerce in an unreasonably dangerous condition. Finally, plaintiffs Griffith and Smejkal allege alternatively that the pilots of the aircraft were negligent and that their negligence caused the accident.

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. (Bland v. Norfolk & Western Ry. Co. (1987), 116 Ill. 2d 217, 223.) Application of the doctrine “invokes principles of convenience and fairness in choosing between two or more forums that have jurisdiction.” Foster v. Chicago & North Western Transportation Co. (1984), 102 Ill. 2d 378, 382.

In resolving a forum non conveniens question, a court must balance private interest factors affecting the litigants and public interest factors affecting the administration of the courts. (Bland, 116 Ill. 2d at 223.) Private interest factors to be considered are the convenience of the parties, the relative ease of access to sources of proof, the accessibility of witnesses, and “all other practical problems that make trial of a case easy, expeditious and inexpensive.” McClain v. Illinois Central Gulf R.R. Co. (1988), 121 Ill. 2d 278, 289, citing Gulf Oil Corp. v. Gilbert (1947), 330 U.S. 501, 508, 91 L. Ed. 1055, 1062, 67 S. Ct. 839, 843; Torres v. Walsh (1983), 98 Ill. 2d 338, 351.

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. McClain, 121 Ill. 2d at 289.

A further consideration under the forum non conveniens doctrine is deference to the plaintiffs choice of forum. A plaintiffs right to select the forum is a substantial one, and unless the factors weigh strongly in favor of transfer, “the plaintiffs choice of forum should rarely be disturbed.” (Jones v. Searle Laboratories (1982), 93 Ill. 2d 366, 372-73, citing Gilbert, 330 U.S. at 508, 91 L. Ed. at 1062, 67 S. Ct. at 843.) The plaintiffs choice deserves less deference, however, where the plaintiff is not a resident of the chosen forum. As the Supreme Court explained in Piper Aircraft Co. v. Reyno (1981), 454 U.S. 235, 255-56, 70 L. Ed. 2d 419, 436, 102 S. Ct. 252, 266, “[w]hen the home forum has been chosen, it is reasonable to assume that this choice is convenient. When the plaintiff is foreign, however, this assumption is much less reasonable.”

This court has consistently held that a trial court is vested with broad discretion in ruling on a forum non conveniens motion; its decision will be reversed only if it is shown that the court abused its discretion in weighing the relevant considerations. Meyers v. Bridgeport Machines Division of Textron, Inc. (1986), 113 Ill. 2d 112, 118.

We turn, then, to the question of whether the trial court here abused its discretion in weighing the relevant factors. Defendants argue that because the private and public interest factors strongly favor transfer to Du Page County, the trial court abused its discretion in denying their motion to transfer. Defendants further contend that although they met their burden of showing that the factors strongly favor transfer, a less stringent test should have been applied since plaintiffs are not residents of the forum they selected. Thus, defendants maintain that the trial court erred in applying the unequal balancing test currently used in deciding a forum non conveniens motion. The current balancing test is an uneven one that requires a showing that the relevant factors strongly favor transfer before transfer is allowed. (McClain v. Illinois Central Gulf R.R. Co. (1988), 121 Ill. 2d 278.) Defendants argue that the trial court, in applying the unequal balancing test, accorded plaintiffs’ choice of forum too much deference. Because defendants’ second argument addresses the test to be applied in deciding a forum non conveniens motion, we shall address that issue first.

Defendants maintain that because plaintiffs are not residents of Cook County, the trial court should have applied what defendants term an “equal balancing test” to accommodate the lesser deference given to plaintiffs’ choice of forum when plaintiffs are not residents of the forum chosen. Under defendants’ test, a defendant need only show that the factors “favor,” rather than “strongly favor,” transfer when plaintiffs are foreign to the chosen forum.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Seilheimer v. Olsen
2025 IL App (1st) 240418 (Appellate Court of Illinois, 2025)
Lutzenkirchen v. OSF Saint Anthony Medical Center
2025 IL App (1st) 250028 (Appellate Court of Illinois, 2025)
Starr v. Presence Central & Suburban Hospitals Network
2024 IL App (1st) 231120 (Appellate Court of Illinois, 2024)
Gregory v. Forest City Rehab and Nursing Center, LLC
2023 IL App (1st) 230369-U (Appellate Court of Illinois, 2023)
Monteagudo v. The Gardens of Belvidere, LLC.
2023 IL App (1st) 220045-U (Appellate Court of Illinois, 2023)
Black v. Help at Home, LLC
2023 IL App (1st) 220802-U (Appellate Court of Illinois, 2023)
Pierce v. Cherukuri
2022 IL App (1st) 210339 (Appellate Court of Illinois, 2022)
Marinaro v. Pettit
2021 IL App (1st) 201083-U (Appellate Court of Illinois, 2021)
Kowalczyk v. Illinois Central R.R. Co.
2021 IL App (1st) 210206-U (Appellate Court of Illinois, 2021)
Doe v. Hyatt Hotels Corp.
2021 IL App (1st) 201216 (Appellate Court of Illinois, 2021)
In re Marriage of Bychina
2021 IL App (2d) 200303 (Appellate Court of Illinois, 2021)
Matthiessen v. Greenwood Motor Lines, Inc.
2021 IL App (1st) 200405-U (Appellate Court of Illinois, 2021)
Kearns v. Prescence Central & Suburban Hospitals Network
2020 IL App (1st) 191470-U (Appellate Court of Illinois, 2020)
Sipula v. Stockley
2020 IL App (3d) 190214-U (Appellate Court of Illinois, 2020)
Schuster v. Richards
2018 IL App (1st) 171558 (Appellate Court of Illinois, 2018)
Doe v. International Psychoanalytical Ass'n
2015 IL App (1st) 140410 (Appellate Court of Illinois, 2015)
Wilder Chiropractic, Inc. v. State Farm Fire and Casualty Company
2014 IL App (2d) 130781 (Appellate Court of Illinois, 2014)
Blake v. Colfax Corp.
2013 IL App (1st) 122987 (Appellate Court of Illinois, 2013)
Dowd v. Berndtson
2012 IL App (1st) 122376 (Appellate Court of Illinois, 2012)
Shaw v. St. John's Hospital
2012 IL App (5th) 110088 (Appellate Court of Illinois, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
554 N.E.2d 209, 136 Ill. 2d 101, 143 Ill. Dec. 274, 1990 Ill. LEXIS 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffith-v-mitsubishi-aircraft-international-inc-ill-1990.