Gundlach v. Lind

820 N.E.2d 1, 353 Ill. App. 3d 677, 289 Ill. Dec. 493
Appellate Court of Illinois·Decided October 26, 2004·No. 1-03-1431·Published·Cited by 16 cases

Opinion

JUSTICE GARCIA

delivered the opinion of the court.

Defendants Richard Lind, M.D., Surgical Associates of Fox Valley, S.C. (SAFV), and Centegra Health Systems Northern Illinois Medical Center (NIMC) appeal from an order of the circuit court of Cook County denying their motion to transfer this medical malpractice action to the circuit court of McHenry County based on the doctrine of forum non conveniens. In accordance with a supervisory order from the Illinois Supreme Court, we granted defendants’ petition for leave to appeal pursuant to Supreme Court Rule 306(a)(2) (166 Ill. 2d R. 306(a)(2)). On appeal, defendants contend that the circuit court abused its discretion when it denied their motion to transfer because it misapplied the predominate-connection test and erroneously relied on Chung v. Advocate Health Care, 336 Ill. App. 3d 789 (2002), as the controlling case law, and the public and private interest factors weigh heavily in favor of transferring this case to McHenry County. We reverse and remand.

The following facts were obtained from defendants’ record in support of their petition for leave to appeal to this court. On October 3, 2002, plaintiffs Teri and David Gundlach filed a complaint in the circuit court of Cook County alleging that, due to defendants’ negligent acts or omissions related to her gallbladder surgery, Teri suffered severe and permanent injuries that will continue to cause her future pain and suffering and cost her great sums of money. In addition, David alleged that defendants’ negligence caused him to suffer the loss of service of his wife, and he will be deprived of her affection, society, companionship and consortium in the future.

The complaint referred to NIMC as “Centegra” and alleged that it “owned and maintained medical facilities in the County of Cook,” that it offered medical services to the citizens of Cook County and to plaintiff, and that it employed Lind. The complaint also alleged that Lind was employed by SAFV which was located in McHenry County, and that plaintiffs resided in Fox Lake, Illinois.

Lind and SAFV filed a joint motion to transfer venue to the circuit court of McHenry County arguing that venue was not proper in Cook County. In their motion, defendants asserted that neither was a resident of Cook County, that they did not believe that NIMC was a resident of Cook County, and that Lind’s treatment of plaintiff occurred in McHenry County. Because none of the defendants resided in Cook County and the alleged negligence did not occur there, they maintained that venue was improper in Cook County.

NIMC also filed a motion to transfer venue, advancing the same argument as codefendants. NIMC asserted that it was a not-for-profit corporation that owned and operated a hospital in McHenry County, that it did not own any other facilities or conduct any business outside McHenry County, and that Centegra was a separate and distinct legal entity.

Alternatively, NIMC argued that the cause should he transferred to McHenry County based on the doctrine of forum non conveniens. It averred that McHenry County was the more convenient forum for the parties and witnesses because all of the people who participated in plaintiff’s treatment worked and resided there, the residents of McHenry County had an interest in the case because the alleged malpractice occurred there, and the burden of a jury trial should not be imposed on the citizens of Cook County because that forum did not have a significant connection to this case. NIMC also maintained that plaintiffs’ choice of Cook County was entitled to less deference because the alleged malpractice did not occur there and plaintiffs were residents of Lake County. Lind and SAFV subsequently joined NIMC’s motion to transfer based on forum non conveniens.

In their response to defendants’ motion, plaintiffs argued that NIMC was conducting business in Cook County because Centegra had a medical facility located there and its website stated that it served part of Cook County. Plaintiffs further argued that since February 2, 2002, Teri had received extensive treatment exclusively at Northwestern Memorial Hospital (Northwestern) in Cook County. Plaintiffs relied solely on the Chung case and averred that the facts of their case were “very analogous.”

In response, NIMC argued that all of the private and public interest factors weighed strongly in favor of transferring the case to McHenry County. Specifically, NIMC argued that all of the relevant medical treatment and alleged malpractice occurred in McHenry County, the medical records were located at NIMC in McHenry County, all of the defendants were located in McHenry County, 20 witnesses worked and lived in McHenry County, plaintiffs lived in Lake County, the burden of hearing the case should not be placed on the citizens of Cook County, and the McHenry County court system was less congested than Cook County’s system. It further asserted that requiring its 20 witnesses to travel to Chicago would impose a significant burden upon NIMC, both financially and in terms of personnel coverage at the hospital while the witnesses were at trial. NIMC also argued that plaintiffs failed to identify any witnesses from Cook County and that the location of plaintiffs subsequent treatment was to be given little weight.

At an April 17, 2003, hearing on the motion to transfer, NIMC informed the circuit court that venue was established in Cook County because Centegra, which owned NIMC, also owned a behavioral health facility in Cook County, thereby making Centegra a resident of Cook County. NIMC argued, however, that the predominant connection in this case was with McHenry County because all of the care and treatment at issue was rendered in McHenry County, 20 potential occurrence witnesses resided in McHenry County compared to 2 possible Cook County witnesses, plaintiffs incurred over $487,000 in medical expenses in McHenry County compared to $56,000 in Cook County, plaintiff spent 100 days in the hospital in McHenry County, and there was a span of eight months between plaintiff’s last treatment in McHenry County and her first treatment at Northwestern. Counsel also argued that because plaintiffs were foreign to Cook County and the alleged negligence did not occur there, it was not reasonable to assume that Cook County was a convenient forum for the litigation.

Plaintiffs argued that the instant case was “eerily similar” to Chung, and based on the holding in that case, their action should remain in Cook County. Plaintiffs’ counsel acknowledged that he did not know where the two surgeons from Northwestern resided, but, using the language from Chung, he argued that he would “call a number of witnesses from Northwestern.”

The trial court found that the fact that plaintiffs resided in Lake County was a major factor that made this a multicounty case similar to Chung and First American Bank v. Guerine, 198 Ill. 2d 511 (2002), and noted that most doctors testify via an evidence deposition. The court further stated it presumed the two Northwestern physicians were Cook County residents, and if that turned out not to be the case, the court recommended defendants file a motion to reconsider. The circuit court acknowledged that defendants had made a “great” record, but relying on Chung as the most current case law, it found that it could not transfer the cause to McHenry County. Based on that finding, the court denied defendants’ motion to transfer.

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Gundlach v. Lind, 820 N.E.2d 1, 353 Ill. App. 3d 677, 289 Ill. Dec. 493 (Ill. Ct. App. 2004).

820 N.E.2d 1 (Gundlach v. Lind) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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