Madigan v. Hannabarger

2025 IL App (4th) 250024-U
CourtAppellate Court of Illinois
DecidedAugust 19, 2025
Docket4-25-0024
StatusUnpublished
Cited by1 cases

This text of 2025 IL App (4th) 250024-U (Madigan v. Hannabarger) 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
Madigan v. Hannabarger, 2025 IL App (4th) 250024-U (Ill. Ct. App. 2025).

Opinion

NOTICE 2025 IL App (4th) 250024-U This Order was filed under FILED Supreme Court Rule 23 and is NO. 4-25-0024 August 19, 2025 not precedent except in the Carla Bender limited circumstances allowed th 4 District Appellate under Rule 23(e)(1). IN THE APPELLATE COURT Court, IL OF ILLINOIS

FOURTH DISTRICT

ASHLEY MADIGAN and JORDAN KEENE, ) Appeal from the Plaintiffs-Appellants, ) Circuit Court of v. ) Whiteside County AUSTIN HANNABARGER, ) No. 24LA22 Defendant-Appellee. ) ) Honorable ) Jennifer M. Kelly, ) Judge Presiding.

PRESIDING JUSTICE HARRIS delivered the judgment of the court. Justices Steigmann and Doherty concurred in the judgment.

ORDER

¶1 Held: The trial court did not abuse its discretion by granting defendant’s motion to dismiss plaintiffs’ complaint on forum non conveniens grounds.

¶2 Plaintiffs, Ashley Madigan and Jordan Keene, filed a negligence action against

defendant, Austin Hannabarger, seeking to recover for personal injuries they sustained in a

multivehicle motorcycle accident in Missouri. The trial court granted defendant’s motion to

dismiss the action on forum non conveniens grounds and plaintiffs appeal, arguing the court abused

its discretion. We affirm.

¶3 I. BACKGROUND

¶4 In September 2023, the parties were involved in a motorcycle accident in

Montgomery County, Missouri. The record shows Keene was a passenger on a motorcycle

operated by defendant, while Madigan was a passenger on a motorcycle operated by Daniel McAuley.

¶5 In May 2024, plaintiffs filed their two-count negligence complaint against

defendant in Whiteside County, Illinois. They alleged injuries resulting from the September 2023

motorcycle accident, which occurred when McAuley lost control of his motorcycle while traveling

“in an unincorporated area of Montgomery County, Missouri.” Defendant, who was following

McAuley’s motorcycle, also lost control of his motorcycle and struck both McAuley’s overturned

motorcycle and Madigan. Plaintiffs alleged that defendant acted negligently by (1) failing to

operate his motorcycle on the paved portions of the roadway, (2) following McAuley’s motorcycle

too closely, (3) failing to keep a proper lookout for other vehicles, (4) driving his motorcycle in a

careless and imprudent manner, and (5) failing to keep a lookout for defects or hazards in or near

the roadway. Additionally, according to plaintiffs’ complaint, Madigan and Keene resided in St.

Louis County and Lincoln County, Missouri, respectively. Defendant resided in Whiteside

County, Illinois.

¶6 In July 2024, defendant filed a motion to dismiss on forum non conveniens grounds

pursuant to Illinois Supreme Court Rule 187 (eff. Jan. 1, 2018). He alleged that Illinois was an

inappropriate forum in which to try plaintiffs’ case and that the interests of justice would best be

served if the action were dismissed and refiled by plaintiffs in Missouri. Defendant argued there

was no substantive connection between the subject matter of the suit and Illinois because the

motorcycle accident occurred in Missouri and almost all the relevant witnesses and evidence were

in that state. In particular, he noted that like Madigan and Keene, McAuley resided in Missouri.

Defendant maintained that additional relevant witnesses also resided in Missouri, including the

drivers or owners of other motorcycles involved in the accident and the law enforcement and

emergency medical services personnel who responded to the scene. Further, he asserted that

-2- plaintiffs received all of their medical care in Missouri.

¶7 Defendant also argued that McAuley was an indispensable party to the underlying

litigation but could not be added to the action because he was not subject to Illinois’s jurisdiction.

He noted that, in May 2024, in addition to filing the underlying complaint against him, plaintiffs

brought a separate action against McAuley in Montgomery County, Missouri, for damages arising

out of the same motorcycle accident. Defendant asserted that his inability to add McAuley to the

underlying case would severely prejudice him, noting, in part, his inability to file an action against

McAuley under the Illinois Joint Tortfeasor Contribution Act (740 ILCS 100/1 et seq. (West

2024)). Ultimately, defendant maintained that the relevant private and public interest factors

weighed in favor of granting his motion and that plaintiffs’ choice to bring their action in Illinois

was entitled to “less deference” because neither plaintiff resided in this state and the accident at

issue did not occur here.

¶8 To his motion, defendant attached as exhibits (1) plaintiffs’ complaint against him,

(2) plaintiffs’ complaint against McAuley filed in Montgomery County, Missouri, and (3) a

Missouri Uniform Crash Report (crash report). The crash report contained information relating to

the September 2023 motorcycle accident, including its location, a description of what occurred,

the identity and residence of witnesses, and where plaintiffs were transported for medical care.

¶9 In response to defendant’s motion, plaintiffs emphasized that they filed their

complaint in defendant’s home venue. They asserted that, as a result, defendant could not claim

that he was inconvenienced by the litigation. Plaintiffs also argued that their choice of forum was

entitled to deference and that the record did not “strongly support a finding that Montgomery

County, Missouri [was] more convenient.”

¶ 10 Plaintiffs argued that defendant failed to identify which, if any, of the witnesses he

-3- referenced in his motion could offer testimony that was relevant to the disputed issues in the case.

They also asserted that defendant failed to show that any witnesses would be unavailable to testify

in Illinois or unwilling to cooperate in the Illinois proceedings. Plaintiffs maintained that in the

event a witness was uncooperative, Missouri law permitted the ex parte issuance of subpoenas to

aid foreign litigation. Additionally, they argued that the witnesses identified in defendant’s motion

were “dispersed throughout Missouri,” with none residing in Montgomery County, where the

accident occurred and where Missouri law would require plaintiffs’ cause of action to be filed.

¶ 11 Finally, plaintiffs asserted that the trial court was required to consider differences

in state laws, arguing that Missouri had “abolished the collateral source rule for medical bills,”

while “Illinois allows a plaintiff [to] recover the full damages.” They maintained that defendant’s

claim that he could not seek contribution from McAuley was irrelevant to a forum non conveniens

analysis, as contribution was only of interest to defendant and immaterial to their claims.

¶ 12 In September 2024, defendant filed a reply in support of his motion to dismiss.

Again, in arguing that Missouri was the more appropriate forum for plaintiffs’ action, he asserted

it was undisputed that the accident occurred in Missouri, both plaintiffs resided in Missouri, all

relevant conduct involving the parties took place in Missouri, all but one witness to the accident

lived in Missouri, every first responder to the accident was from Missouri, all of plaintiffs’ medical

treatment was rendered in Missouri, and plaintiffs filed suit against McAuley in Missouri in

connection with the accident. In response to plaintiffs’ claim that he failed to identify the relevancy

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Bluebook (online)
2025 IL App (4th) 250024-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madigan-v-hannabarger-illappct-2025.