Palen v. Daewoo Motor Co., Ltd.

832 N.E.2d 173, 358 Ill. App. 3d 649, 295 Ill. Dec. 22
CourtAppellate Court of Illinois
DecidedJune 14, 2005
Docket1-02-0365
StatusPublished
Cited by19 cases

This text of 832 N.E.2d 173 (Palen v. Daewoo Motor Co., Ltd.) 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
Palen v. Daewoo Motor Co., Ltd., 832 N.E.2d 173, 358 Ill. App. 3d 649, 295 Ill. Dec. 22 (Ill. Ct. App. 2005).

Opinion

PRESIDING JUSTICE BURKE

delivered the opinion of the court:

Plaintiff Betty Palen, as independent executor of the estate of David Palen, deceased, appeals from an order of the circuit court (1) granting defendants Daewoo Motor Company, Ltd. (DMC), 1 Daewoo Corporation (Daewoo Corp.), 2 Daewoo Group, Daewoo Heavy Industries, Ltd. (Heavy Industries), “Daewoo FSO Motor SP. z.o.o.” (Daewoo-FSO), 3 and Kim Woo-Choong’s motions to dismiss plaintiffs complaint for lack of personal jurisdiction and (2) granting defendant Daewoo Motor America, Inc.’s (DMA) 4 motion to dismiss based on the doctrine of forum non conveniens. On appeal, plaintiff contends that: (1) the trial court erred in granting Daewoo Corp., Daewoo Group, Heavy Industries, Daewoo-FSO, and Kim Woo-Choong’s motion to dismiss plaintiffs complaint because the above entities and individual waived their right to contest personal jurisdiction by serving general interrogatories on plaintiff that sought information not related to their special and limited appearance; (2) personal jurisdiction may be asserted over DMC, Daewoo Corp., Daewoo Group, Heavy Industries, Daewoo-FSO, and Kim Woo-Choong, pursuant to section 2 — 209(b)(4) of the Illinois Code of Civil Procedure (Code) (735 ILCS 5/2 — 209(b)(4) (West 2000)), because the above entities and individual are “doing business” in Illinois; (3) DMA’s motion to dismiss plaintiffs cause of action based on the doctrine of forum non conveniens was untimely as a matter of law; and (4) the trial court abused its discretion in dismissing plaintiff’s cause of action based on the doctrine of forum non conveniens. Defendants DMC, Daewoo Corp., Daewoo Group, Heavy Industries, and Kim Woo-Choong cross-appeal, arguing that the trial court erred in denying in part their motion to quash service of summons. For the reasons set forth below, we affirm.

STATEMENT OF FACTS

On September 30, 1997, decedent David Palen was a passenger in an automobile that crashed into a tree in Poland, killing everyone inside. On January 20, 1998, plaintiff, decedent’s wife, filed a complaint based on negligence (case No. 98 L 710) against DMC, DMA, and Daewoo America Development (Illinois) Corporation (Daewoo Illinois), alleging that they, “by and through their agents and/or employees, owned[,] operated, *** and controlled” the vehicle in which the decedent was killed, and that jurisdiction was proper over the above defendants because each “engaged in and transacted business” in Illinois. In her complaint, plaintiff alleged claims based on wrongful death and survival. Daewoo Illinois was subsequently dismissed from the lawsuit for reasons unrelated to this appeal.

On June 12, DMA filed its answer and affirmative defenses to plaintiffs complaint, and DMC filed a special and limited appearance requesting that the trial court quash service of summons and dismiss the action against it based on lack of personal jurisdiction. DMC argued that it was a Korean corporation with its principal place of business in Korea and had not done any acts by which it submitted itself to the jurisdiction of Illinois courts. The trial court subsequently granted plaintiff’s motion to conduct special and limited discovery relating to the issue of personal jurisdiction over DMC.

On September 30, plaintiff initiated a second lawsuit (case No. 98 L 11276) based on negligence against Daewoo Corp., Daewoo Group, Heavy Industries, Daewoo-FSO, and Kim Woo-Choong (collectively the Palen II defendants). As plaintiff had in case No. 98 L 710, she alleged in her complaint filed in case No. 98 L 11276 that the Palen II defendants, “by and through their agents and/or employees, owned[,] operated, *** and controlled” the vehicle in which the decedent was killed, and alleged causes of action based on wrongful death and survival. Plaintiff attempted to effectuate service upon each of the Palen II defendants by leaving copies of the complaint and summons with Kim Woo-Choong, in his individual capacity and as an “agent for the above corporations,” while he was giving a speech in Chicago, Illinois, on September 30, 1998.

On December 22, after filing special and limited appearances to contest jurisdiction, the Palen II defendants filed a motion to quash service of summons and dismiss plaintiffs complaint based on lack of personal jurisdiction, arguing that Kim Woo-Choong was a citizen and resident of South Korea, that Daewoo Group was not a legal entity,* * 5 and that the remaining Palen II defendants were either South Korean or Polish corporations that were not doing business in Illinois. The Palen II defendants also argued that Daewoo-FSO and Daewoo Group were not properly served through Kim Woo-Choong because Kim WooChoong was neither an officer nor an agent of their companies. Attached to their motion to quash and dismiss was: the affidavit of Lee Sung Won, executive director of Daewoo Corp., who averred that Daewoo Corp. was a South Korean corporation with its principal place of business in South Korea, was engaged in the business of trading and international investment, and had never maintained an office, held property, hired employees, or otherwise done business in Illinois; the affidavit of Sang-Il Park, 6 who averred that, as a South Korean attorney practicing in the area of, among others, general corporate law, he was familiar with Daewoo Group and that Daewoo Group was “not a corporation or other entity” that had the capacity to sue or be sued; the affidavit of Shin Young-Kyun, president of Heavy Industries, who averred that Heavy Industries was a South Korean corporation with its principal place of business in South Korea, was engaged in the business of manufacturing heavy machinery and vehicles, and had never maintained an office, held property, hired employees, or otherwise done business in Illinois; the affidavit of Kin Kwang Woong, the “Legal Coordinator” of Daewoo-FSO, who averred that DaewooFSO was a Polish corporation with its principal place of business in Poland, was in the business of manufacturing motor vehicles, and had never maintained an office, held property, hired employees, or otherwise done business in Illinois; and the affidavit of Kim WooChoong, who averred that he was a citizen and resident of South Korea, had never owned property or otherwise done business in Illinois, and was not an officer or agent of Daewoo-FSO or Daewoo Group at the time he was served with the summons or presently.

On December 18, in case No. 98 L 710, DMA filed a motion for summary judgment, arguing that it had no connection to the accident which allegedly gave rise to plaintiffs action. On January 20, 1999, the trial court granted DMA’s motion, dismissing plaintiffs complaint against DMA without prejudice. Also on January 20, DMC, the sole remaining defendant in case No. 98 L 710, filed a notice of removal of the cause to the United States District Court for the Northern District of Illinois. On February 17, plaintiff filed a first amended complaint in case No. 98 L 710 in the circuit court, again alleging wrongful death and survival claims against DMC and DMA.

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Bluebook (online)
832 N.E.2d 173, 358 Ill. App. 3d 649, 295 Ill. Dec. 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palen-v-daewoo-motor-co-ltd-illappct-2005.