Kostal v. Pinkus Dermatopathology Laboratory, P.C.

827 N.E.2d 1031, 357 Ill. App. 3d 381, 293 Ill. Dec. 150
CourtAppellate Court of Illinois
DecidedApril 15, 2005
Docket1-04-1447
StatusPublished
Cited by92 cases

This text of 827 N.E.2d 1031 (Kostal v. Pinkus Dermatopathology Laboratory, P.C.) 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
Kostal v. Pinkus Dermatopathology Laboratory, P.C., 827 N.E.2d 1031, 357 Ill. App. 3d 381, 293 Ill. Dec. 150 (Ill. Ct. App. 2005).

Opinion

JUSTICE GALLAGHER

delivered the opinion of the court:

Defendants, Pinkus Dermatopathology Laboratory, EC. (Pinkus), David A. Mehregan, M.D., and Darius R. Mehregan, M.D. (collectively, defendants), appeal from an order of the circuit court of Cook County denying their motion to quash service of summons and to dismiss plaintiff Dawn G. KostaPs fourth amended complaint for lack of personal jurisdiction. We affirm and remand.

BACKGROUND

In December 2001, plaintiff, an Illinois resident, visited her physician in Illinois. During that visit, her physician obtained tissue samples and sent them to Pinkus for analysis. Pinkus, a Michigan corporation, is a pathology laboratory that is operated on a national basis. Defendants provide expert diagnostic analysis by mail. Defendants processed and analyzed plaintiffs tissue samples in Michigan, drafted reports in Michigan and sent allegedly inaccurate reports to plaintiffs physician in Illinois.

Plaintiff filed a medical negligence action alleging that, as a result of defendants’ negligence, her care and treatment were delayed, requiring extensive medical procedures, and causing her severe and permanent physical injury, pain and suffering, disability, disfigurement and the loss of a normal life. 1 Defendants filed a special appearance to quash service of summons and to dismiss plaintiffs fourth amended complaint for lack of personal jurisdiction. 2 The trial court denied defendants’ motion. Defendants now appeal pursuant to Supreme Court Rule 306(a)(3) (155 Ill. 2d R. 306(a)(3)).

ANALYSIS

The sole issue on appeal is whether the State of Illinois can assert jurisdiction over the nonresident defendants. Plaintiff bears the burden of establishing a valid basis for asserting jurisdiction over defendants. Morecambe Maritime, Inc. v. National Bank of Greece, S.A., 354 Ill. App. 3d 707, 710, 821 N.E.2d 780, 784 (2004) (“Plaintiff bears the burden of establishing a prima facie case for the assertion of personal jurisdiction over defendant; however, uncontradicted evidence may overcome the prima facie case and defeat jurisdiction”).

The standard of review is de novo when a trial court determines jurisdiction solely on the basis of documentary evidence. Morecambe Maritime, Inc. v. National Bank of Greece, S.A., 354 Ill. App. 3d at 710, 821 N.E.2d at 784; Zazove v. Pelikan, Inc., 326 Ill. App. 3d 798, 802, 761 N.E.2d 256, 259 (2001). In the instant case, the trial court heard no courtroom testimony with respect to the issue of personal jurisdiction. Therefore, our review is de novo.

As in other de novo reviews, it is the trial court’s judgment that is before us on review, not the trial court’s reasoning. See, e.g., City of Chicago v. Holland, 206 Ill. 2d 480, 491-92, 795 N.E.2d 240, 247-48 (2003) (summary judgment); Pryweller v. Cohen, 282 Ill. App. 3d 899, 907, 668 N.E.2d 1144, 1149 (1996) (motion to dismiss); Makowski v. City of Naperville, 249 Ill. App. 3d 110, 115, 617 N.E.2d 1251, 1255) (1993) (summary judgment). Thus, our function is to determine whether the trial court’s decision was correct, regardless of the reasoning or the grounds for that decision. Holland, 206 Ill. 2d at 492, 795 N.E.2d at 247-48. If the judgment is correct, we may affirm it on any ground present in the record. Holland, 206 Ill. 2d at 492, 795 N.E.2d at 247-48; Pryweller v. Cohen, 282 Ill. App. 3d at 907, 668 N.E.2d at 1149.

Illinois’ Long-Arm Statute

The parties agree that whether Illinois can exercise jurisdiction over defendants rests on the applicability of Illinois’ long-arm statute. 735 ILCS 5/2 — 209 (West 2002). Illinois’ long-arm statute provides several bases for jurisdiction over a nonresident defendant and provides, in relevant part, as follows:

“(a) Any person, whether or not a citizen or resident of this State, who in person or through an agent does any of the acts hereinafter enumerated, thereby submits such person, and, if an individual, his or her personal representative, to the jurisdiction of the courts of this State as to any cause of action arising from the doing of any of such acts:
(1) The transaction of any business within this State;
(2) The commission of a tortious act within this State;
❖ * *
(7) The making or performance of any contract or promise substantially connected with this State;
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(b) A court may exercise jurisdiction in any action arising within or without this State against any person who:
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(4) Is a natural person or corporation doing business within this State.
(c) A court may also exercise jurisdiction on any other basis now or hereafter permitted by the Illinois Constitution and the Constitution of the United States.” 735 ILCS 5/2 — 209 (West 2002).

Before the trial court, plaintiff’s counsel conceded that plaintiff’s bases for the court’s asserting personal jurisdiction over defendants were subsections (a)(1) and (a)(2). The trial court expressly based its decision on these two subsections. In addition, the trial court relied on Weiden v. Benveniste, 298 Ill. App. 3d 531, 699 N.E.2d 151 (1998), which in turn relied on subsection (c) of Illinois’ long-arm statute. Thus, the trial court also impliedly based its decision on subsection (c). Now, on appeal, plaintiff has relied on subsections (a)(1), (a)(2), and (c), and has additionally raised subsection (b)(4) of Illinois’ long-arm statute as bases for jurisdiction. Defendants contend that Illinois’ assertion of jurisdiction over them is improper under any of these subsections of Illinois’ long-arm statute.

We shall first briefly address plaintiffs new argument that jurisdiction over defendants is permissible pursuant to section 2 — 209(b)(4) of the long-arm statute. 735 ILCS 5/2 — 209(b)(4) (West 2002). Section 2 — 209(b)(4) of Illinois’ long-arm statute allows Illinois to exercise jurisdiction over a nonresident defendant who is “doing business within” Illinois. Jurisdiction based upon a party’s “doing business” in Illinois was recognized by Illinois courts before it was codified as section 2 — 209(b)(4). Hendry v. Ornda Health Corp., 318 Ill. App. 3d 851, 853, 742 N.E.2d 746, 748 (2000), citing Gaidar v. Tippecanoe Distribution Service, Inc., 299 Ill. App. 3d 1034, 1041, 702 N.E.2d 316, 320 (1998).

There is a distinction between the “doing business” theory now codified in subsection (b)(4) of Illinois’ long-arm statute and the “transaction of business” theory under section (a)(1) of the statute.

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Bluebook (online)
827 N.E.2d 1031, 357 Ill. App. 3d 381, 293 Ill. Dec. 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kostal-v-pinkus-dermatopathology-laboratory-pc-illappct-2005.