Hernandez v. Karlin Foods Corp.

751 N.E.2d 27, 322 Ill. App. 3d 805, 255 Ill. Dec. 933, 2001 Ill. App. LEXIS 316
CourtAppellate Court of Illinois
DecidedMay 4, 2001
Docket1-00-2379
StatusPublished
Cited by5 cases

This text of 751 N.E.2d 27 (Hernandez v. Karlin Foods 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
Hernandez v. Karlin Foods Corp., 751 N.E.2d 27, 322 Ill. App. 3d 805, 255 Ill. Dec. 933, 2001 Ill. App. LEXIS 316 (Ill. Ct. App. 2001).

Opinion

751 N.E.2d 27 (2001)
322 Ill. App.3d 805
255 Ill.Dec. 933

Irene HERNANDEZ, as Temporary Guardian of the Estate and Person of Michael A. Hernandez, a Disabled Person, Plaintiff-Appellant,
v.
KARLIN FOODS CORPORATION, a Corporation, and Vern E. Lundberg, Inc., a Corporation, Defendants-Appellees.

No. 1-00-2379.

Appellate Court of Illinois, First District, Sixth Division.

May 4, 2001.
Rehearing Denied June 28, 2001.

*28 Anesi, Ozmon, Rodin, Novak & Kohen, Ltd., Mark Novak, Joseph J. Miroballi, Andrew DeLuca, of counsel, Chicago, for Appellant.

Tressler, Soderstrom, Maloney & Priess, Mary K. Cronin, of counsel, Wheaton, for Appellee.

Justice O'BRIEN delivered the opinion of the court:

Plaintiff, Irene Hernandez, appeals the order of the circuit court transferring venue pursuant to the doctrine of intrastate forum non conveniens. We affirm.

Defendant Karlin Foods Corporation (Karlin) contracted with defendant Vern E. Lundberg, Inc. (Lundberg), for construction of a distribution center in Lee County. Lundberg hired Professional Steel to erect the structural steel for the project. On October 18, 1999, Michael Hernandez, an employee of Professional Steel, fell at the construction site in Lee County and incurred extensive injuries, including brain damage and paraplegia.

Immediately after the accident, Hernandez received treatment at St. Anthony Medical Center in Rockford, Winnebago *29 County. Later that day, he was transferred to Rockford Memorial Hospital in Winnebago County, where he remained for almost one month. Hernandez was then transferred to Vencor Hospital in Sycamore, DeKalb County, where he remained for about four weeks before being transferred to the Rehabilitation Institute of Chicago, where he stayed for 2½ months. Hernandez is currently being treated at the Center for Comprehensive Services in Carbondale, Jackson County.

Plaintiff, as temporary guardian of the estate and person of Hernandez, filed a negligence action in Cook County against defendants. Defendants filed a motion to transfer the cause to Lee County under the doctrine of forum non conveniens. The circuit court granted defendants' motion. Plaintiff appeals pursuant to Supreme Court Rule 306(a)(2) (155 Ill.2d R. 306(a)(2)).

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. Broeker v. Turville, 257 Ill.App.3d 389, 391, 195 Ill.Dec. 532, 628 N.E.2d 996 (1993). Application of the doctrine invokes principles of convenience and fairness in selecting between the two or more forums that have jurisdiction. Griffith v. Mitsubishi Aircraft International, Inc., 136 Ill.2d 101, 105, 143 Ill.Dec. 274, 554 N.E.2d 209 (1990). Defendant bears the burden of proving the plaintiffs choice of forum is inconvenient to the defendant and another forum is more convenient to all parties. Whirlpool Corp. v. Certain Underwriters at Lloyd's of London, 295 Ill.App.3d 828, 837, 230 Ill.Dec. 63, 692 N.E.2d 1229 (1998).

Under the forum non conveniens doctrine, courts must balance private interest factors affecting the litigants and public interest factors affecting the administration of the courts. Broeker, 257 Ill. App.3d at 392, 195 Ill.Dec. 532, 628 N.E.2d 996. The private interest factors include: relative ease of access to sources of proof; the accessibility of witnesses; the possibility of a jury view of the premises; and all other practical problems that make a trial easy, expeditious, and inexpensive. Roberts v. Illinois Power Co., 311 Ill.App.3d 458, 460-61, 243 Ill.Dec. 579, 723 N.E.2d 1180 (2000). The public interest factors include: the relative court congestion; the imposition of jury duty upon residents of a county with little or no connection to the litigation; and an interest in having localized controversies decided locally. Griffith, 136 Ill.2d at 106, 143 Ill.Dec. 274, 554 N.E.2d 209. The doctrine of forum non conveniens is a flexible one that requires evaluation of the total circumstances rather than concentration on any single factor. Peile v. Skelgas, Inc., 163 Ill.2d 323, 336-37, 206 Ill.Dec. 179, 645 N.E.2d 184 (1994).

Plaintiffs right to choose the forum is a substantial one, and unless the factors strongly weigh in favor of transfer, plaintiffs choice of forum should rarely be disturbed. Broeker, 257 Ill.App.3d at 392, 195 Ill.Dec. 532, 628 N.E.2d 996. However, plaintiffs choice of forum is accorded less deference when, as here, plaintiff does not reside in the county she has chosen and the situs of the injury is not located in the chosen forum. Elling v. State Farm Mutual Automobile Insurance Co., 291 Ill. App.3d 311, 314, 225 Ill.Dec. 426, 683 N.E.2d 929 (1997).

The reviewing court will not disturb the circuit court's granting or denying a forum non conveniens motion absent an abuse of discretion. Elling, 291 Ill.App.3d at 314, 225 Ill.Dec. 426, 683 N.E.2d 929. An abuse of discretion occurs when the circuit court acts arbitrarily, fails to employ conscientious judgment and ignores *30 recognized principles of law. Elling, 291 Ill.App.3d at 317, 225 Ill.Dec. 426, 683 N.E.2d 929.

No abuse of discretion occurred here. The circuit court granted defendants' motion to transfer venue to Lee County because the accident occurred in Lee County, three of the occurrence witnesses live in Lee County, and the remaining occurrence witnesses live closer to Lee County than to Cook County. Further, the Lee County court docket is far less congested than the Cook County court docket.

This case is similar to Washington v. Illinois Power Co., 144 Ill.2d 395, 163 Ill. Dec. 490, 581 N.E.2d 644 (1991). In Washington, plaintiffs Jacob and Lillie Washington sued Illinois Power Company in the circuit court of Madison County for damages sustained when their son died in Bond County. Washington, 144 Ill.2d at 397, 163 Ill.Dec. 490, 581 N.E.2d 644. Illinois Power Company moved to transfer the action to Bond County on forum non conveniens grounds. Washington, 144 Ill.2d at 397-98, 163 Ill.Dec. 490, 581 N.E.2d 644. The circuit court denied the motion and the appellate court affirmed.

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Bluebook (online)
751 N.E.2d 27, 322 Ill. App. 3d 805, 255 Ill. Dec. 933, 2001 Ill. App. LEXIS 316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-karlin-foods-corp-illappct-2001.