Jayne Reid-Walen, Gary Walen v. Leroy Hansen, Irene Hansen, D/B/A Yellow Bird Sea-Tel

933 F.2d 1390
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 13, 1991
Docket89-3000
StatusPublished
Cited by141 cases

This text of 933 F.2d 1390 (Jayne Reid-Walen, Gary Walen v. Leroy Hansen, Irene Hansen, D/B/A Yellow Bird Sea-Tel) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jayne Reid-Walen, Gary Walen v. Leroy Hansen, Irene Hansen, D/B/A Yellow Bird Sea-Tel, 933 F.2d 1390 (8th Cir. 1991).

Opinions

LAY, Chief Judge.

Jayne Reid-Walen, a citizen of Minnesota, seeks damages from Leroy and Irene Hansen, citizens of Missouri, for injuries she sustained while vacationing at the Yel-lowbird Sea-Tel (“Yellowbird”), a cluster of cottages in Negril Beach, Jamaica owned and run by the Hansens. According to the amended complaint, Reid-Walen was swimming near the beach area of the Yellowbird when she was struck by a motorboat driven by a Jamaican citizen, not associated with the Hansens, who was soliciting boat rides from guests of the Yellowbird.1 Reid-Walen bases her suit on Jamaican law, alleging [1393]*1393that the Hansens violated their common law duty of care by failing to prevent motorboats from traveling through the area the Hansens had designated for swimming by their guests. She also alleges the Han-sens violated two Jamaican statutes, the Occupiers’ Liability Act and the Beach Control Act, which allegedly required defendants to provide a lifeguard and to place buoys around an area for swimming.

The suit was originally filed in the United States District Court for the Southern District of Florida. The defendants moved for dismissal, arguing that venue was improper. The district court found venue in Florida was improper but that venue would have been proper in Missouri, the residence of the Hansens. Accordingly, the court transferred the case to the United States District Court for the Eastern District of Missouri pursuant to 28 U.S.C. § 1404(a) (1988). The defendants then filed a motion to dismiss in that court on the ground of forum non conveniens. The district court granted the defendants’ motion, and this appeal followed. We reverse the judgment of the district court.

ANALYSIS

I. Introduction

A. The District Court’s Decision

The district court observed that in ruling on a motion to dismiss based on forum non conveniens, it must “balance the preference accorded plaintiff's choice of forum with the burdens of litigating at an inconvenient venue.” Reid-Walen v. Hansen, 715 F.Supp. 270, 271 (E.D.Mo.1989). The court then considered the private and public interest factors first enunciated by the Supreme Court in Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508-09, 67 S.Ct. 839, 843, 91 L.Ed. 1055 (1947). These factors are applied in all forum non conveniens cases. See, e.g. Mizokami Bros. of Arizona v. Mobay Chem. Corp., 660 F.2d 712, 717-18 (8th Cir.1981).

The district court concluded that all relevant events, except Reid-Walen’s hospitalization in Florida, occurred in Jamaica, and that all of the occurrence witnesses resided in Jamaica, making their attendance in Missouri prohibitively expensive. 715 F.Supp. at 271. The court also found that the substantive law of Jamaica would govern the dispute. Further, the court concluded it would be a burden to impose jury duty on a Missouri community with no significant relationship to the litigation. Although recognizing that Reid-Walen’s United States citizenship and the fact that the defendants resided in Missouri five months of the year militated against dismissing the suit, the court found these factors not “particularly weighty” because other “numerous factors” pointed to Jamaica as the most convenient forum. Id. at 272. Subject to the defendants’ consent to submit to the jurisdiction of the Jamaican courts, the district court dismissed the suit.2

B. Standard of Review

The defendant has the burden of persuasion in proving all elements necessary for the court to dismiss a claim based on forum non conveniens. Lacey v. Cessna Aircraft Co., 862 F.2d 38, 43-44 (3d Cir. 1988); In re Air Crash Disaster Near New Orleans, La., 821 F.2d 1147, 1164 (5th Cir. 1987) (en banc), partially vacated on other grounds, 490 U.S. 1032, 109 S.Ct. 1928, 104 L.Ed.2d 400 (1989).3 Trial courts have [1394]*1394broad discretion in deciding a motion to dismiss based on forum non conveniens, and when the district court “has considered all relevant public and private interest factors, and where its balancing of these factors is reasonable, its decision deserves substantial deference.” Piper Aircraft Co. v. Reyno, 454 U.S. 235, 257, 102 S.Ct. 252, 266, 70 L.Ed.2d 419 (1981). A trial court’s decision to dismiss on the ground of forum non conveniens will be overturned only for abuse of discretion. Mobay Chem. Corp., 660 F.2d at 718. An abuse of discretion may occur when the district court fails to consider one or more of the important private or public interest factors, does not hold the defendants to their burden of persuasion on all elements of the forum non conveniens analysis, or has clearly erred in weighing the factors the court must consider. Lacey, 862 F.2d at 43. Finally, “[ejmphasis on the district court’s discretion ... must not overshadow the central principle of the Gilbert doctrine that ‘unless the balance is strongly in favor of the defendant, the plaintiff’s choice of forum should rarely be disturbed.’ ” Lehman v. Humphrey Cayman, Ltd., 713 F.2d 339, 342 (8th Cir.1983), cert. denied, 464 U.S. 1042, 104 S.Ct. 708, 79 L.Ed.2d 172 (1984) (citations omitted).

We believe the district court failed to give proper deference to the plaintiff’s choice of forum and failed to give proper weight to the fact that both the plaintiff and the defendants were United States citizens. In addition, the district court did not properly address other key factors and erred in weighing several other private and public interest factors.4

We turn to an analysis of the district court’s decision, in light of the Gilbert factors.

II. Private Interest Factors

A. Residence of the Parties and Deference to Plaintiffs Forum Choice

At the outset, it is important to note that in forum non conveniens cases involving a potential reference to a foreign court, the relevant distinction is whether or not the plaintiff who has selected the federal forum is a United States citizen, not whether the plaintiff resides in the particular district where the case was brought. Interpane Coatings v. Australia & New Zealand Banking Group Ltd., 732 F.Supp. 909, 915 (N.D.Ill.1990). In other words, the “home” forum for the plaintiff is any federal district in the United States, not the particular district where the plaintiff lives.5

The Supreme Court has emphasized that trial courts must give deference to a plaintiff’s forum choice. In Gilbert, the Court stated that “unless the balance is [1395]*1395strongly in favor of the defendant, the plaintiffs choice of forum should rarely be disturbed.” 330 U.S. at 508, 67 S.Ct. at 843.

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Bluebook (online)
933 F.2d 1390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jayne-reid-walen-gary-walen-v-leroy-hansen-irene-hansen-dba-yellow-ca8-1991.