People ex rel. Skoien v. Utility Mechanical Contractors, Inc.

565 N.E.2d 286, 207 Ill. App. 3d 79, 152 Ill. Dec. 44, 1990 Ill. App. LEXIS 1900
CourtAppellate Court of Illinois
DecidedDecember 20, 1990
DocketNo. 4-90-0426
StatusPublished
Cited by2 cases

This text of 565 N.E.2d 286 (People ex rel. Skoien v. Utility Mechanical Contractors, Inc.) 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
People ex rel. Skoien v. Utility Mechanical Contractors, Inc., 565 N.E.2d 286, 207 Ill. App. 3d 79, 152 Ill. Dec. 44, 1990 Ill. App. LEXIS 1900 (Ill. Ct. App. 1990).

Opinion

PRESIDING JUSTICE LUND

delivered the opinion of the court:

Plaintiff Capital Development Board filed a complaint in the circuit court of Champaign County against defendants Utility Mechanical Contractors (Utility) and United States Fidelity & Guaranty Co. (USF&G). On May 25, 1990, the court granted defendants’ motion to transfer venue, which was based on forum non conveniens principles, and ordered the case transferred to the circuit court of Cook County. Plaintiff now appeals.

The genesis of this dispute is June 30, 1985. On that date, plaintiff awarded a construction contract to Utility to work on the Abbott Power Plant coal conversion project at the University of Illinois. USF&G was surety for Utility on this contract. Subsequently, plaintiff determined that Utility breached the contract in various ways and, on July 1, 1986, the contract with Utility was terminated. Plaintiff then contacted USF&G to complete the work, and USF&G declined.

In August 1986, Utility filed an action in Cook County, seeking an injunction against plaintiff’s director and alleging Utility was wrongfully terminated. On August 11, 1986, the venue of this action was ordered transferred to Champaign County. Subsequently, this action was dismissed on the grounds that the Illinois Court of Claims had exclusive jurisdiction. On November 5, 1986, Utility filed an action against plaintiff in the Court of Claims which is still pending. Plaintiff ultimately retained another contractor to complete the project.

On March 9, 1990, plaintiff filed the present complaint in the circuit court of Champaign County. This complaint alleged a breach of the construction contract on the part of Utility and the breach of the surety contract on the part of USF&G.

On April 19, 1990, defendants filed a motion to change venue based on forum non conveniens principles, seeking to have the case transferred to Cook County To this motion, defendants attached affidavits of the president and the general counsel of Utility. In these affidavits, it is alleged that at the time of filing an answer, defendants will name the architecture-engineering firm, CT&A, as third-party defendant, that their counsel is from Chicago, and that to litigate in Champaign County will require retention of local counsel and increase their costs. The affidavits further alleged that virtually all the discovery and witnesses necessary for trial are located in Cook County or the Chicago metropolitan area. Specifically, they alleged: (1) all documents of plaintiff, as well as three witnesses from plaintiff, are located either in Chicago or Springfield; (2) plaintiff’s former counsel is in Chicago; (3) CT&A’s offices and all its documents are in Chicago, as are four employees who would be witnesses; (4) USF&G’s offices • are in the Chicago metropolitan area, as is one employee who would be a witness; (5) the offices of the completing contractor, as well as the documents and two of its employees who would be witnesses, are in Chicago; and (6) two of Utility’s subcontractors have their related documents, as well as employee witnesses, in their Chicago offices. It was further alleged that the Court of Claims case involving the same controversy was pending in Chicago. Finally, it was alleged in the affidavits that no witnesses the defendants expected to call resided in Champaign County.

Plaintiff objected to the motion and attached the affidavits of its general legal counsel and its trial counsel. In these affidavits, it is alleged that (1) one of plaintiff’s employees listed as a witness by defendants actually lives in Sangamon County, while another has retired and lives part time in Florida and part time in Sangamon County; (2) an employee who had responsibility for supervising work on the project by plaintiff’s employees lives in Sangamon County; (3) one of CT&A’s employees listed by defendant now lives in Pennsylvania; (4) an employee of the completing contractor whom defendants listed now lives in Florida; (5) the original records are in plaintiff’s Springfield office and other documents, including shop drawing submittals of Utility and other working papers, are at the Abbott Power Plant in Champaign; (6) virtually none of the documents relating to the project are in Cook County other than copies; (7) an employee of English Brothers Construction, as well as employees of R.H. Bishop, both located in Champaign County, have knowledge of the facts concerning the progress of the construction; (8) one particular employee, who resides in Champaign, and other employees of the University of Illinois have knowledge of the delays caused by Utility and the effect those had on the university; and (9) employees of Monitrol, located in Farmington Hills, Michigan, a supplier of control equipment integral to the dispute, also have knowledge of the progress of the construction.

On May 25, 1990, the court entered a docket order which provided:

“Motion of defendants to transfer venue; considering memoranda with affidavits filed in support and opposition and the factors held relevant by Bland v. Norfolk & Western Railway Company (1987), 116 Ill. 2d 217, the motion is granted.”

Plaintiff now appeals this decision.

Forum non conveniens is a doctrine founded in considerations of fundamental fairness and sensible and effective administration. (Adkins v. Chicago, Rock Island & Pacific R.R. Co. (1973), 54 Ill. 2d 511, 514, 301 N.E.2d 729, 730.) In application of these basic considerations, a court may decline jurisdiction of a case whenever it appears there is a forum that can better serve the convenience of the parties and the ends of justice. (Adkins, 54 Ill. 2d at 514, 301 N.E.2d at 730.) This analysis applies to intrastate transfers as well as to interstate transfers. See Torres v. Walsh (1983), 98 Ill. 2d 338, 350-51, 456 N.E.2d 601, 606-07.

In resolving forum non conveniens questions, a court must balance private interest factors affecting the convenience of the litigants and public interest factors affecting the administration of the courts. (Bland v. Norfolk & Western Ry. Co. (1987), 116 Ill. 2d 217, 223-24, 506 N.E.2d 1291, 1294.) Private interest factors to be considered are the convenience of the parties, the relative ease of access to sources of proof, the accessibility of witnesses, the possibility of a view of the premises or the site, and all other practical problems that make the trial of a case easy, expeditious, and inexpensive. (Griffith v. Mitsubishi Aircraft International, Inc. (1990), 136 Ill. 2d 101, 105-06, 554 N.E.2d 209, 211; Bland, 116 Ill. 2d at 224, 506 N.E.2d at 1294.) Relevant public factors include the administrative difficulties caused when litigation is handled in congested venues, the unfairness of imposing jury duty upon residents of a county with no connection to the litigation, and an interest in having localized controversies decided locally. Griffith, 136 Ill. 2d at 106, 554 N.E.2d at 211; McClain v. Illinois Central Gulf R.R. Co. (1988), 121 Ill. 2d 278, 289, 520 N.E.2d 368, 372.

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Bluebook (online)
565 N.E.2d 286, 207 Ill. App. 3d 79, 152 Ill. Dec. 44, 1990 Ill. App. LEXIS 1900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-skoien-v-utility-mechanical-contractors-inc-illappct-1990.