Moore v. Chicago & North Western Transportation Co.

457 N.E.2d 417, 99 Ill. 2d 73, 75 Ill. Dec. 423, 1983 Ill. LEXIS 502
CourtIllinois Supreme Court
DecidedDecember 1, 1983
Docket57853, 57992
StatusPublished
Cited by96 cases

This text of 457 N.E.2d 417 (Moore v. Chicago & North Western Transportation Co.) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moore v. Chicago & North Western Transportation Co., 457 N.E.2d 417, 99 Ill. 2d 73, 75 Ill. Dec. 423, 1983 Ill. LEXIS 502 (Ill. 1983).

Opinion

JUSTICE MORAN

delivered the opinion of the court:

On the court’s own motion these two cases were consolidated for opinion after oral argument. They present a single issue for review: Did the trial court abuse its discretion when it denied the defendants’ motion to dismiss based upon the doctrine of forum non conveniens?

In each case, the defendants’ motions to dismiss the action on the grounds of forum non conveniens were denied by the trial court. Pursuant to Supreme Court Rule 306(a)(1)(ii) (87 Ill. 2d R. 306(a)(l)(ii)), each defendant sought review of the trial court’s ruling in the appellate court. In exercising its discretion under the rule, the appellate court denied the petitions. Thereafter, this court allowed defendants’ petitions for leave to appeal pursuant to Rule 315 (87 Ill. 2d R. 315).

Implicit in the doctrine of forum non conveniens is the existence of at least two forums in which the controversy may be litigated. (Jones v. Searle Laboratories (1982), 93 Ill. 2d 366, 371; People ex rel. Compagnie Nationale Air France v. Giliberto (1978), 74 Ill. 2d 90, 112, cert. denied (1979), 441 U.S. 932, 60 L. Ed. 2d 660, 99 S. Ct. 2052.) The inquiry therefore focuses upon the relative convenience of the available forums.

It was stated by the court in Adkins v. Chicago, Rock Island & Pacific R.R. Co. (1973), 54 Ill. 2d 511, 514, that “\f\orum non conveniens is a doctrine that is founded in considerations of fundamental fairness and sensible and effective judicial administration.” The doctrine assumes that the court has the power to assert jurisdiction. However, under the doctrine, the court may decline to exercise jurisdiction whenever, after balancing all factors essential to the trial of a particular case, it appears that it may be more conveniently tried in another forum. Wieser v. Missouri Pacific R.R. Co. (1983), 98 Ill. 2d 359, 364-65; Lonergan v. Crucible Steel Co. of America (1967), 37 Ill. 2d 599, 606; Cotton v. Louisville & Nashville R.R. Co. (1958), 14 Ill. 2d 144, 150; Whitney v. Madden (1948), 400 Ill. 185, 189, cert. denied (1948), 335 U.S. 828, 93 L. Ed. 382, 69 S. Ct. 55.

In Adkins the court discussed the factors that must be balanced by the trial court in ruling upon a motion to dismiss on the basis of forum non conveniens. These factors include the location of witnesses, the availability of compulsory process to secure attendance of unwilling witnesses, the ease of access to sources of proof, the possibility of a view of the site of the occurrence, the tax burden as well as the imposition of jury service upon the residents of the community, the congestion of the court dockets, and the relative convenience of the parties. (Adkins v. Chicago, Rock Island & Pacific R.R. Co. (1973), 54 Ill. 2d 511, 514.) (See also Jones v. Searle Laboratories (1982), 93 Ill. 2d 366, 372-73; Espinosa v. Norfolk & Western Ry. Co. (1981), 86 Ill. 2d 111, 118-19; People ex rel. Compagnie Nationale Air France v. Giliberto (1978), 74 Ill. 2d 90, 110-11, cert. denied (1979), 441 U.S. 932, 60 L. Ed. 2d 660, 99 S. Ct. 2052. Accord, Gulf Oil Corp. v. Gilbert (1947), 330 U.S. 501, 508-09, 91 L. Ed. 1055, 1062-63, 67 S. Ct. 839, 843.) However, the plaintiff’s choice of forum is accorded great weight and will not be disturbed unless the balance strongly favors the defendant. See Wieser v. Missouri Pacific R.R. Co. (1983), 98 Ill. 2d 359, 366; Jones v. Searle Laboratories (1982), 93 Ill. 2d 366, 372-73; Espinosa v. Norfolk & Western Ry. Co. (1981), 86 Ill. 2d 111, 118; People ex rel. Compagnie Nationale Air France v. Giliberto (1978), 74 Ill. 2d 90, 110-11, cert. denied (1979), 441 U.S. 932, 60 L. Ed. 2d 660, 99 S. Ct. 2052.

Broad discretion is vested in the trial court in determining whether particular facts and circumstances warrant dismissal of a case based upon forum non conveniens. The court’s decision will be reversed on review if it can be shown that, in deciding as it did, there was an abuse of discretion. People ex rel. Compagnie Nationale Air France v. Giliberto (1978), 74 Ill. 2d 90, 110-11, cert. denied (1979), 441 U.S. 932, 60 L. Ed. 2d 660, 99 S. Ct. 2052; Fender v. St. Louis Southwestern Ry. Co. (1971), 49 Ill. 2d 1, 4.

In cause No. 57853, the plaintiff, William J. Moore, special administrator of the estate of Carol A. Matijevich, brought an action in the circuit court of Cook County seeking damages against the defendant, Chicago and North Western Transportation Company. The defendant is a Delaware corporation with its principal place of business in Cook County, Illinois. It owns and operates a railroad in many areas, including Adams County, Wisconsin.

Plaintiff’s decedent, Carol A. Matijevich, was killed on January 24, 1982, at a railroad crossing in Adams County, when the car she was driving collided with a train owned by defendant. At the time of her death, Mrs. Matijevich was a resident of Marquette County, Wisconsin.

The circuit court of Marquette County appointed plaintiff, father of decedent and an Illinois resident, as special administrator of her estate. Plaintiff engaged a law firm in Cook County, Illinois, and on April 8, 1982, this suit was filed in the circuit court of that county. Plaintiff charged defendant with negligence for violating various Wisconsin statutes. On October 4, 1982, an amended complaint was filed under the Wisconsin wrongful death statute and again charged defendant with violating several Wisconsin statutes.

In support of the motion to dismiss, defendant argues that all of the relevant contacts with this litigation are located in Wisconsin. It contends that Wisconsin is the situs of the occurrence, the place of residence of decedent at the time of her death and the place of the administration of her estate, the residence of decedent’s surviving children, the residence of all known witnesses, and the residence of the treating paramedics and physicians, and that Wisconsin law will apply. These facts are uncontroverted in the record.

Plaintiff argues that his choice of Illinois as a forum should be given paramount consideration since he is an Illinois resident. Further, Cook County is the place of defendant’s business and location of all of defendant’s business records.

This court has held that although a plaintiff’s freedom to select a forum is significant, there are numerous cases which properly accord less deference to a plaintiff’s choice of forum. See Jones v. Searle Laboratories (1982), 93 Ill. 2d 366, 372-73; Espinosa v. Norfolk & Western Ry. Co. (1981), 86 Ill. 2d 111, 118, and cases cited therein.

Plaintiff was appointed by a Wisconsin court, and authorization of that court would be required in order for him to make a settlement of the cause of action. Further, plaintiff must account to the Wisconsin court for any sums received by settlement or litigation, and distribution of such sums would be under the jurisdiction of that court. (See Chicago, Rock Island & Pacific R.R. Co. v. Igoe (7th Cir. 1955), 220 F.2d 299, 304.) In light of the representative capacity in which plaintiff here acts, his residency has no relationship to the litigation except as a nominal party. Thus, under the facts of this case, plaintiff’s choice of Cook County, Illinois, is of minimal significance.

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Bluebook (online)
457 N.E.2d 417, 99 Ill. 2d 73, 75 Ill. Dec. 423, 1983 Ill. LEXIS 502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-chicago-north-western-transportation-co-ill-1983.