Radeljak v. DaimlerChrysler Corp.

719 N.W.2d 40, 475 Mich. 598
CourtMichigan Supreme Court
DecidedJuly 19, 2006
DocketDocket 127679
StatusPublished
Cited by60 cases

This text of 719 N.W.2d 40 (Radeljak v. DaimlerChrysler Corp.) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Radeljak v. DaimlerChrysler Corp., 719 N.W.2d 40, 475 Mich. 598 (Mich. 2006).

Opinions

PER CURIAM.

We granted leave to appeal to consider whether the Wayne Circuit Court abused its discretion in dismissing this case on the basis of the doctrine of forum non conveniens, where plaintiffs are residents and citizens of a foreign country and the lawsuit alleges product liability arising from a motor vehicle accident that occurred outside the United States. The Court of Appeals held that the circuit court abused its discretion in dismissing the case because Wayne County is not a “seriously inconvenient” forum. Because we conclude that the circuit court did not abuse its discretion in dismissing the case, we reverse the judgment of the Court of Appeals and reinstate the circuit court’s order dismissing the case.

I. FACTS

Plaintiffs, who are residents and citizens of Croatia, were involved in a motor vehicle accident in Croatia. It is alleged that the Jeep Grand Cherokee in which they were seated somehow shifted from park into reverse [603]*603and went off the roadway and into a ravine. One of the passengers died and the driver and other passengers were injured. The vehicle was designed and manufactured in Michigan. The vehicle was purchased in Italy and maintained and serviced in Italy and Croatia. Plaintiffs argue that the transmission, designed and manufactured in Japan, spontaneously slipped. Plaintiffs filed their lawsuit in the Wayne Circuit Court.

Defendant moved for summary disposition on the basis of forum non conveniens. The circuit court granted the motion. Plaintiffs appealed and the Court of Appeals reversed.1 2We granted defendant’s application for leave to appeal and asked the parties to address:

(1) whether the public interest factors of the forum non conveniens doctrine set forth in Cray v Gen Motors Corp, 389 Mich 382, 396 [207 NW2d 393] (1973), should be revised or modified; and (2) whether, even if another more appropriate forum exists, a Michigan court may not resist jurisdiction unless its own forum is “seriously inconvenient.” See Robey v Ford Motor Co, 155 Mich App 643, 645 (1986).[2]

II. STANDARD OF REVIEW

This Court reviews a trial court’s decision to grant or deny a motion to dismiss a case on the basis of the doctrine of forum non conveniens for an abuse of discretion. Cray, supra at 397. An abuse of discretion occurs when the decision results in an outcome falling outside the principled range of outcomes. Herald Co v Eastern Michigan Univ Bd of Regents, 475 Mich 463; 719 NW2d 19 (2006); Novi v Robert Adell Children’s [604]*604Funded Trust, 473 Mich 242, 254; 701 NW2d 144 (2005).

III. ANALYSIS

"Forum non conveniens” is defined as the “discretionary power of court to decline jurisdiction when convenience of parties and ends of justice would be better served if action were brought and tried in another forum.” Black’s Law Dictionary (6th ed). The doctrine is not derived from statutes; rather, it is a common-law doctrine created by courts.3 The United States Supreme Court adopted the forum non conveniens doctrine in 1947. Gulf Oil Corp v Gilbert, 330 US 501, 508-509; 67 S Ct 839; 91 L Ed 1055 (1947).4 This Court first recognized this doctrine in 1973 in Cray. In Cray, supra at 395, we held that a court may refuse to hear a case on the basis of the doctrine of forum non conveniens even though it otherwise may have jurisdiction. “The principle of forum non conveniens establishes the right of a court to resist imposition upon its jurisdiction although such jurisdiction could properly be invoked.” Id. The application of forum non conveniens “lie[s] within the discretion of the trial judge.” Id. A plaintiffs selection of a forum is ordinarily accorded deference. Anderson v Great Lakes Dredge & Dock Co, [605]*605411 Mich 619, 628-629; 309 NW2d 539 (1981). Although “a court can and must consider the residence of the parties in deciding whether to decline jurisdiction[,] . . . a party’s Michigan residence does not automatically render the doctrine of forum non conveniens inapplicable.” Russell v Chrysler Corp, 443 Mich 617, 624; 505 NW2d 263 (1993).5 “ ‘[T]he ultimate inquiry is where trial will best serve the convenience of the parties [and the ends] of justice.’ ” Cray, supra at 391, quoting Koster v (American) Lumbermens Mut Cas Co, 330 US 518, 527; 67 S Ct 828; 91 L Ed 1067 (1947). In Cray we held that the following factors should be considered in deciding a motion to dismiss on the basis of forum non conveniens:

1. The private interest of the litigant.
a. Availability of compulsory process for attendance of unwilling and the cost of obtaining attendance of willing witnesses;
b. Ease of access to sources of proof;
c. Distance from the situs of the accident or incident which gave rise to the litigation;
d. Enforcibility [sic] of any judgment obtained;
e. Possible harassment of either party;
f. Other practical problems which contribute to the ease, expense and expedition of the trial;
g. Possibility of viewing the premises.
2. Matters of public interest.
a. Administrative difficulties which may arise in an area which may not be present in the area of origin;
[606]*606b. Consideration of the state law which must govern the case;
c. People who are concerned by the proceeding.
3. Reasonable promptness in raising the plea of forum non conveniens. [Cray, supra at 396.]

In the instant case, the trial court dismissed on the basis of forum non conveniens. The trial court determined that Croatia was a more convenient forum because this case involves a vehicular accident in Croatia in which Croatian citizens and residents were injured, where Croatian law will likely have to be applied, and the alleged cause of the accident was a transmission manufactured and designed in Japan. This conclusion does not fall outside “the principled range of outcomes,” Novi, supra at 254, and was therefore not an abuse of discretion.

A review of the Cray factors reveals why the trial court’s decision to dismiss was within “the principled range of outcomes.” Id. We begin by noting that the requirement of reasonable promptness in bringing a plea of forum non conveniens has indisputably been satisfied in this case, because defendant moved for dismissal based on the doctrine of forum non conveniens in a timely manner. With that procedural predicate addressed, we now turn to the private and public interest factors that are in considerable dispute.

The first factor concerns the “private interest of the litigant.” Cray, supra at 396. Subfactor 1(a) pertains to the “[a]vailability of compulsory process for attendance of unwilling and the cost of obtaining attendance of willing witnesses.” Id.

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Bluebook (online)
719 N.W.2d 40, 475 Mich. 598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/radeljak-v-daimlerchrysler-corp-mich-2006.