Kahn v. Enterprise Rent-A-Car Co.

822 N.E.2d 94, 355 Ill. App. 3d 13, 290 Ill. Dec. 812
Appellate Court of Illinois·Decided December 30, 2004·No. 1-03-3694·Published·Cited by 12 cases

Opinion

PRESIDING JUSTICE BURKE

delivered the opinion of the court:

Defendants Enterprise Leasing Company of Chicago (Enterprise) 1 and Diane Lopez (Lopez) appeal from an order of the circuit court denying their motion to reconsider the court’s denial of their motion to transfer venue in plaintiffs Ahmad Kahn 2 and Maheen Ahmad’s negligence action from Cook County to Du Page County on the basis of forum non conveniens. In accordance with a supervisory order from the Illinois Supreme Court, on April 23, 2004, 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 trial court abused its discretion in denying their motion to transfer venue because the private and public interest factors heavily weigh in favor of transferring this case to Du Page County. For the reasons set forth below, we reverse.

STATEMENT OF FACTS

On February 25, 2003, Ahmad Kahn (Kahn), on his own behalf and as special administrator of the estate of his seven-year-old son Muhammed Ahmad (Muhammed), and Maheen Ahmad' (Maheen), a minor represented by Kahn, her father, filed a complaint against Enterprise, an Illinois corporation, and Lopez, an alleged agent of Enterprise. In the complaint, plaintiffs alleged that on October 19, 2001, Lopez negligently operated a vehicle, owned by Enterprise, at or near 103 West Roosevelt Road in Villa Park, Illinois, which struck and injured both Muhammed and Maheen as they were walking across the street. Muhammed died as a result of the injuries he sustained. In counts I through IV plaintiffs alleged claims based on wrongful death and survival in relation to the injuries sustained by Muhammed. In counts V and VI, plaintiffs alleged a claim based on “personal injuries” sustained by Maheen. In counts VII and VIII, plaintiffs sought damages for the expenses incurred in treating Muhammed and Maheen’s injuries pursuant to the Rights of Married Persons Act (commonly known as the Family Expense Act) (750 ILCS 65/15 (West 2002)).

On May 7, 2003, defendants filed a motion to transfer the action based on forum non conveniens, arguing that the private and public interest factors strongly favored transfer of the case to Du Page County. On June 23, plaintiffs filed their answers to forum non conveniens interrogatories, in which they admitted, inter alia-, the accident took place in Villa Park, which is located in Du Page County; all of the nine potential witnesses to the accident were residents of Du Page County; plaintiffs and Muhammed were residents of Du Page County; the Villa Park police department personnel were at the scene of the accident following the collision; although not identified individually or by county residency, there were potential medical witnesses from Good Samaritan Hospital (Good Samaritan) in Du Page County, where both Muhammed and Maheen received medical treatment for their injuries, and from Lutheran General Hospital (Lutheran) in Cook County where Muhammed was transferred by air and treated just before his death; and the deputy medical examiner of Cook County conducted Muhammed’s postmortem examination, was a potential medical witness, and resided in Cook County.

On August 20, 2003, plaintiffs filed their response to defendants’ motion to transfer, arguing that Cook County had a significant connection to their lawsuit because Muhammed was transferred to Cook County for “emergency treatment,” including surgery, on October 19, 2001, died in Cook County on October 20, 2001, and was given postmortem and toxicological analyses by the Cook County medical examiner’s office. Plaintiffs also argued that Enterprise does substantial business in Cook County, that Enterprise maintains numerous business outlets and files lawsuits on a regular basis in Cook County, and that defendants had failed to show that the facts in the case strongly favored transfer to Du Page County. Plaintiffs also filed an affidavit of their attorney, in which the attorney averred that, upon review of various medical records from Good Samaritan in Du Page County and Lutheran in Cook County, he found that a craniotomy, a postmortem examination, and a toxicologic analysis were performed on Muhammed at Lutheran. The attorney further averred that the “parties stipulate[d] that Enterprise *** does substantial business in Cook County,” and that he received “a computer print-out from the Office of the Clerk of the Circuit Court of Cook County ***, consisting of 59 pages, which demonstrates that Enterprise Rent-A-Car and/or Enterprise Leasing Company of Chicago has filed in excess of 900 cases in the First Municipal District.”

During the hearing on defendants’ motion to transfer, defendants’ attorney, in arguing that the only relationship between this case and Cook County was the fact that Muhammed was transported to Lutheran and died at Lutheran, stated that “this is not a case where there’s a causation issue. There is no doubt that [Muhammed] died from the injuries sustained in this accident. We certainly stipulate to that.” On September 16, the trial court denied defendants’ motion to transfer. On October 14, defendants filed a motion to reconsider, arguing that in light of our supreme court’s recent decision in Dawdy v. Union Pacific R.R. Co., 207 Ill. 2d 167, 797 N.E.2d 687 (2003), the trial court abused its discretion in failing to transfer the case to Du Page County. The trial court denied defendants’ motion to reconsider on November 19, 2003.

On December 19, defendants filed a petition for leave to appeal to this court pursuant to Supreme Court Rule 306(a)(2) (166 Ill. 2d R. 306(a)(2)), requesting a review of the trial court’s order denying their motion to reconsider. On January 15, 2004, we denied defendants’ petition. In accordance with a supervisory order from the Illinois Supreme Court to consider defendants’ petition, on April 23, 2004, we vacated our previous order denying the petition and granted defendants’ petition for leave to appeal pursuant to Supreme Court Rule 306(a)(2).

This appeal followed.

ANALYSIS

Defendants contend that the trial court abused its discretion in refusing to follow our supreme court’s decision in Dawdy.

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Kahn v. Enterprise Rent-A-Car Co., 822 N.E.2d 94, 355 Ill. App. 3d 13, 290 Ill. Dec. 812 (Ill. Ct. App. 2004).

822 N.E.2d 94 (Kahn v. Enterprise Rent-A-Car Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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