Hoffmeister v. K Mart Corp.

537 N.E.2d 460, 181 Ill. App. 3d 739, 130 Ill. Dec. 393, 1989 Ill. App. LEXIS 568
CourtAppellate Court of Illinois
DecidedApril 27, 1989
Docket5-87-0776
StatusPublished
Cited by10 cases

This text of 537 N.E.2d 460 (Hoffmeister v. K Mart 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
Hoffmeister v. K Mart Corp., 537 N.E.2d 460, 181 Ill. App. 3d 739, 130 Ill. Dec. 393, 1989 Ill. App. LEXIS 568 (Ill. Ct. App. 1989).

Opinion

PRESIDING JUSTICE WELCH

delivered the opinion of the court:

On July 27, 1987, plaintiff, Marianne Hoffmeister, filed a one-count complaint against defendant, K mart Corporation, in the circuit court of St. Clair County. The complaint alleged that on December 31, 1986, plaintiff sustained injuries when she tripped on an entry carpet which was turned up on the edge while shopping in defendant’s store in Fair-view Plaza, Centraba, Illinois. Centraba is located partially in Clinton County and partially in Marion County.

On September 14, 1987, defendant filed a motion to transfer venue from St. Clair County to either Clinton County or Marion County on forum non conveniens grounds. The motion, which is verified, alleges that plaintiff is a resident of the State of Florida; that the only known occurrence witnesses are plaintiff’s husband, also a resident of Florida, and plaintiff’s son, a resident of Centraba, Marion County; that the K mart store where the plaintiff fell is located in Centraba, Clinton County; that all K mart employees with whom plaintiff had any contact either before or after her fall reside in Clinton County; that plaintiff was examined in the emergency room of St. Mary’s Hospital in Centraba, Marion County; that plaintiff’s treating physician resides in the State of Florida; that a fair trial could be had in either Marion County or Clinton County; that the judicial backlog of cases is greater in St. Clair County than in Marion County; that trial of the cause in Clinton County would facilitate a jury view of the premises where plaintiff fell; that plaintiff’s lawsuit has no connection whatsoever with St. Clair County other than the fact that plaintiff’s attorneys have their offices there; and that to try the case in St. Clair County would place an undue burden on its citizens and court system.

On October 16, 1987, plaintiff filed an unverified response to defendant’s motion to transfer venue. The response alleges that the county seat of St. Clair County is only 30 to 35 miles from the site of plaintiff’s fall; that plaintiff had contact with only one K mart employee regarding her fall, whose address is unknown; that she was not treated, but only examined, at St. Mary’s Hospital in Centraba, and that all medical care and treatment has been performed by physicians practicing in the State of Florida; that the judicial backlog in St. Clair County is not great; that no jury view of the accident site will be necessary; that trial of the cause in St. Clair County would not burden its citizens or court system; arid that defendant’s motion was filed for the sole purpose of forum shopping.

The trial court denied defendant’s motion to transfer venue by order dated October 19, 1987, finding that the facts do not so strongly favor defendant as to defeat plaintiff’s choice of forum. Defendant appeals.

Since the Illinois Supreme Court’s decision in Bland v. Norfolk & Western Ry. Co. (1987), 116 Ill. 2d 217, 506 N.E.2d 1291, the law in Illinois regarding the doctrine oí forum non conveniens has been fairly well settled. Bland sets forth the various factors to be considered by the trial court in deciding a, forum non conveniens motion:

“Factors relating to the private interests of the parties include the ‘relative ease of access to sources of proof; availability of compulsory process for attendance of unwilling, and the cost of obtaining attendance of willing witnesses; possibility of view of premises, if view would be appropriate to the action; and all other practical problems that make trial of a case easy, expeditious and inexpensive.’ [Citation.]
Public factors relevant here include the administrative difficulties flowing from court congestion; ‘a local interest in having localized controversies decided at home’; and the unfairness of burdening citizens in an unrelated forum with jury duty.” (116 Ill. 2d at 224, 506 N.E.2d at 1294.)

All of these factors must be weighed and balanced (Bland, 116 Ill. 2d at 225, 506 N.E.2d at 1294), keeping in mind that a plaintiff’s right to select a forum is a substantial one. (Bland, 116 Ill. 2d at 225, 506 N.E.2d at 1295.) Thus,

“[ujnless those factors strongly favor the defendant, then the plaintiff should be allowed to exercise his choice in deciding in what forum to bring the case when venue is proper.
If there are sufficient factors that favor the plaintiff’s choice of forum, then the defendant’s inconvenience should not be considered, provided venue is proper. For unless the balance strongly favors the defendant, then the plaintiff should be able to exercise his statutory right to choose his forum.” (Bland, 116 Ill. 2d at 225, 506 N.E.2d at 1295.)

We are mindful that the plaintiff has chosen a forum of which she is not a resident, and therefore her choice is entitled to less deference. (Bland, 116 Ill. 2d at 228, 506 N.E.2d at 1296.) However, less deference does not mean no deference, and we must still presume that plaintiff has chosen the forum because it is convenient to her, especially where she is not a resident of the State of Illinois and her counsel have their offices in the chosen forum. See Darnell v. Ralph Korte Equipment Co. (1986), 144 Ill. App. 3d 564, 569, 494 N.E.2d 1206, 1209.

The limited record we have before us, which consists of plaintiff’s complaint, defendant’s verified motion, plaintiff’s unverified response and the trial court’s written order, indicates that the factors do not so strongly favor defendant that plaintiff’s choice of forum should be overturned. The party seeking transfer of venue on forum non con-veniens grounds has the burden of showing that plaintiff’s chosen forum will be unduly burdensome or inconvenient to him. (Baker v. Burlington Northern R.R. Co. (1986), 149 Ill. App. 3d 674, 682, 500 N.E.2d 1113, 1119-20.) Here, defendant has failed to provide a record showing entitlement to the relief sought.

Looking at the factors involved, the parties do not dispute that alternative fora are available and that venue would be proper in Clinton County. As to access to sources of proof and the availability and cost of obtaining witnesses, the record reveals that only one K mart employee was contacted by plaintiff regarding her fall, and the address of this potential witness is unknown. Of the occurrence witnesses, one, plaintiff’s son, resides in Marion County. The other occurrence witnesses, plaintiff and her husband, reside in Florida. Although plaintiff was initially examined after her fall at a hospital in Marion County, all of her medical treatment was provided by physicians in Florida. Further, although defendant argues in its brief that all pertinent business records and reports are located in Clinton County, and that it will be necessary for defendant to produce numerous witnesses from Clinton County, the record does not support this argument. Finally, it is not likely that a jury view of the premises will be appropriate in this case, as plaintiff’s complaint alleges that she tripped over an entry carpet with an upturned edge.

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

Related

Whirlpool Corp. v. Certain Underwriters at Lloyd's London
692 N.E.2d 1229 (Appellate Court of Illinois, 1998)
Bradbury v. St. Mary's Hospital of Kankakee
652 N.E.2d 1228 (Appellate Court of Illinois, 1995)
Wojtonik v. Illinois Central Railroad
640 N.E.2d 355 (Appellate Court of Illinois, 1994)
Rogers v. Gateway Western Railway Co.
626 N.E.2d 318 (Appellate Court of Illinois, 1993)
Hart v. Valspar Corp.
625 N.E.2d 220 (Appellate Court of Illinois, 1993)
Neofotistos v. Center Ridge Co.
609 N.E.2d 806 (Appellate Court of Illinois, 1993)
Buettner v. Parke-Davis & Co.
576 N.E.2d 1125 (Appellate Court of Illinois, 1991)
Lint v. Missouri Pacific Railroad
558 N.E.2d 702 (Appellate Court of Illinois, 1990)
Paglia ex rel. Paglia v. Goodman
551 N.E.2d 810 (Appellate Court of Illinois, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
537 N.E.2d 460, 181 Ill. App. 3d 739, 130 Ill. Dec. 393, 1989 Ill. App. LEXIS 568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoffmeister-v-k-mart-corp-illappct-1989.