Kourdoglanian v. Yannoulis

592 N.E.2d 322, 227 Ill. App. 3d 898, 169 Ill. Dec. 835, 1992 Ill. App. LEXIS 469
CourtAppellate Court of Illinois
DecidedMarch 27, 1992
DocketNo. 1—90—1701
StatusPublished

This text of 592 N.E.2d 322 (Kourdoglanian v. Yannoulis) 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
Kourdoglanian v. Yannoulis, 592 N.E.2d 322, 227 Ill. App. 3d 898, 169 Ill. Dec. 835, 1992 Ill. App. LEXIS 469 (Ill. Ct. App. 1992).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

Pursuant to Supreme Court Rule 306 (134 Ill. 2d R. 306), we granted leave to defendant Panagiotis Yannoulis to appeal from an order of the circuit court of Cook County denying his motion to dismiss based upon forum non conveniens. 134 Ill. 2d R. 187.

In January 1990, plaintiff Ohannes Kourdoglanian, a resident of Athens, Greece, and defendant, a resident of Zurich, Switzerland, orally agreed to share exhibition space at the International Gallery (Art Fair) to be held in Chicago from May 10, 1990, through May 13, 1990, and to share the booth rental cost, which defendant represented was $30,000. According to plaintiff's complaint, the parties entered this agreement in Europe and plaintiff tendered payment of $15,000 to defendant in Europe before the parties travelled to the United States for the Art Fair. Both parties returned to Europe after the Art Fair ended. On May 10, 1990, during the Art Fair, plaintiff filed this action in the chancery division of the circuit court of Cook County. Plaintiff’s affidavit alleged that upon arriving at the Art Fair, he learned that defendant had misrepresented the booth rental fee. It further stated that when plaintiff demanded reimbursement, defendant threatened to injure him and destroy his property. Plaintiff’s amended verified complaint contained three counts: count I sought injunctive relief to enjoin defendant from preventing plaintiff from occupying the exhibition space and from injuring or threatening plaintiff; count II alleged that defendant fraudulently misrepresented to plaintiff the cost of the booth and sought $7,500 in actual damages; and count III sought prejudgment attachment of defendant’s art work located in Cook County pursuant to section 4 — 101 of the Code of Civil Procedure. Ill. Rev. Stat. 1989, ch. 110, par. 4 — 101.

By agreed orders entered in May 1990, the chancery judge granted plaintiff’s request for injunctive relief and for attachment of defendant’s goods in Cook County. By order dated May 17, 1990, the chancery court granted defendant’s motion to remove his goods from Illinois, ordering defendant to transfer $15,000 to a special escrow account until further court order or the parties’ mutual consent. The order transferred the case to the law division for further proceedings.

On June 6, 1990, defendant filed a motion to dismiss this case based upon forum non conveniens. Plaintiff responded that Cook County was the appropriate forum on the following grounds: the contract between defendant and the Art Fair was entered in Illinois; plaintiff did not learn until he arrived here that he would be unable to exhibit his goods, and thus earn a profit from sales; and access to “the scene of the occurrence” and the availability of witnesses, including Art Fair representatives. The circuit court denied defendant’s motion and we granted leave to appeal.

The sole issue for our review is whether the trial court erred in denying defendant’s forum non conveniens motion. Initially, we note that the agreed orders disposed of plaintiff’s claims for various injunctive relief concerning the parties’ conduct during the four-day event in Chicago. We, therefore, need only focus on plaintiff’s cause of action for fraud and his related prejudgment attachment claim.

According to the equitable doctrine of forum non conveniens, a court which has jurisdiction over a case may nevertheless decline jurisdiction when it is apparent that trial in another forum would be more convenient and would better serve the ends of justice. (Vinson v. Allstate (1991), 144 Ill. 2d 306, 579 N.E.2d 857.) This doctrine is applicable on an interstate basis and a case may be dismissed where it “has no practical connection to the forum.” Torres v. Walsh (1983), 98 Ill. 2d 338, 348, 456 N.E.2d 601, 606.

In deciding whether to dismiss a case under this doctrine, the private interests affecting the litigants’ convenience and the public interests affecting the administration of the courts must be balanced by the courts. (Vinson v. Allstate, 144 Ill. 2d 306, 579 N.E.2d 857.) We consider the test enunciated in Gulf Oil Corp. v. Gilbert (1947), 330 U.S. 501, 91 L. Ed. 1055, 67 S. Ct. 839, which directs us to first consider the following private interests:

“[T]he 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.” Gulf Oil, 330 U.S. at 508, 91 L. Ed. at 1062, 67 S. Ct. at 843.

Our review of this case reveals that the private interests do not favor Cook County. Both plaintiff and defendant are European residents, of Greece and Switzerland, respectively. The cost and inconvenience of bringing the parties to Illinois to litigate this claim must be considered paramount. Moreover, although plaintiff alleges that the representatives of the Art Fair who reside in Illinois are potential witnesses to defendant’s misrepresentation and the subsequent damage, we fail to see how their testimony is required for proof of plaintiff’s case. The elements of fraudulent misrepresentation include the following: false statement of material fact known to be false by person making it; intent to induce other party to act; action by other party in justifiable reliance on truth of statements; and damage to other party resulting from such reliance. (Gerill Corp. v. Jack L. Hargrove Builders, Inc. (1989), 128 Ill. 2d 179, 538 N.E.2d 530.) Indeed, any negotiations between the parties occurred in Europe, and any misrepresentations by defendant concerning the actual rental cost of the booth occurred in Europe. Moreover, plaintiff allegedly acted in reliance on defendant’s false statement by tendering payment while in Europe. Certainly, the Art Fair representatives were not witnesses to any negotiations or the oral agreement between the parties. Under these facts, we fail to see the need for testimony of Art Fair representatives. Nor do we find it significant, as plaintiff claims, that the underlying contract between defendant and the Art Fair was entered in Chicago. Although plaintiff’s fraud action may require proof of the terms of the contract between defendant and the Art Fair, nothing in the record suggests that this contract or any related documents cannot be viewed in Europe. Moreover, contrary to plaintiff’s statement, access to the “scene of the occurrence” is irrelevant. As indicated above, the tortious conduct occurred in Europe, and access to the scene of the Art Fair is, therefore, of no consequence. Given the nature of plaintiff’s claim, the sources of proof would likely consist of the parties’ testimony and several documents. Therefore, there is no need for any on-site inspection of premises. Nemanich v. Dollar Rent-A-Car Services, Inc. (1980), 90 Ill. App. 3d 484, 413 N.E.2d 178.

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Cite This Page — Counsel Stack

Bluebook (online)
592 N.E.2d 322, 227 Ill. App. 3d 898, 169 Ill. Dec. 835, 1992 Ill. App. LEXIS 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kourdoglanian-v-yannoulis-illappct-1992.