Rogers v. Gateway Western Railway Co.

626 N.E.2d 318, 254 Ill. App. 3d 567, 193 Ill. Dec. 285, 1993 Ill. App. LEXIS 2020
CourtAppellate Court of Illinois
DecidedDecember 29, 1993
DocketNo. 5—92—0557
StatusPublished

This text of 626 N.E.2d 318 (Rogers v. Gateway Western Railway Co.) 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
Rogers v. Gateway Western Railway Co., 626 N.E.2d 318, 254 Ill. App. 3d 567, 193 Ill. Dec. 285, 1993 Ill. App. LEXIS 2020 (Ill. Ct. App. 1993).

Opinion

JUSTICE WELCH

delivered the opinion of the court:

The plaintiff, Donald W Rogers, filed a complaint in the circuit court of St. Clair County on December 6, 1991, pursuant to the Federal Employers’ Liability Act (45 U.S.C.A. §§51 through 60 (West 1986)). The defendant, Gateway Western Railway Company, filed a motion to dismiss on the grounds of forum non conveniens (motion). The motion was denied. This court granted defendant’s petition for leave to appeal under Supreme Court Rule 306(a)(1)(ii) (134 Ill. 2d R. 306(a)(1)(ii)).

Plaintiff’s one-count complaint seeks damages for personal injuries suffered while employed by defendant as a brakeman — “when attempting to throw a switch, he injured his back due to the negligence of Defendant.” On January 8, 1992, defendant filed an answer to the complaint, a jury demand, and a motion for change of judges. On February 5, 1992, defendant filed its motion. The motion alleged the incident occurred in Vandalia, Audrain County, Missouri; that plaintiff resides in Moberly, Randolph County, Missouri; that of the four treating or examining physicians and the hospital, one physician and the hospital are located in Boone County, Missouri, one physician resides in Randolph County, Missouri, one physician resides in St. Louis County, Missouri, and the treating chiropractor resides in Madison County, Illinois; that the conductor of the train and the roadmaster who inspected the switch reside in Audrain County, Missouri; that plaintiff’s supervisor who conducted the initial investigation of the incident lives in Jackson County, Missouri; that the engineer on plaintiff’s train crew resides in Miller County, Missouri; and that records pertaining to the switch when plaintiff was injured are stored in Au-drain County, Missouri.

The affidavit of John P. Durante, defendant’s director of corporate relations, is attached to defendant’s memorandum of law in support of its motion. That affidavit states that plaintiff’s place of residence is approximately 180 miles by highway from Belleville, Illinois, county seat of St. Clair County; that the site of plaintiff’s injury and the conductor’s and roadmaster’s residences are approximately 135 miles by highway from Belleville, Illinois; that Miller County, residence of the engineer, is approximately 200 miles from Belleville, Illinois; that Jackson County, Missouri, residence of plaintiff’s supervisor, is approximately 280 miles from Belleville, Illinois, by highway; that Boone County, Missouri, residence of a physician and a hospital, is approximately 150 miles by highway; and that the record of the switches is maintained at Mexico, Missouri.

Included in the record on appeal are copies of part of the 1989 annual report to the supreme court of Illinois. In 1989, the average time lapse in months for law jury cases over $15,000 in St. Clair County was 37.5 months. 506 such cases were filed, while there were 1,597 pending cases.

On June 16, 1992, a hearing was held on defendant’s motion. Defendant argued that this litigation has no connection with Illinois or St. Clair County, Illinois. Plaintiff argued that defendant is incorporated in Illinois and has its principal place of business in Fairview Heights, St. Clair County, where its personnel records are kept and where plaintiff’s medical bills are submitted. Plaintiff has received the “bulk” of his treatment for his injuries in St. Louis, Missouri. Defendant responded that the fact it is doing business in St. Clair County is relevant to venue; however, the corporate office is not relevant in deciding a forum non conveniens motion because forum non conveniens goes beyond venue. Both parties conceded that they had no cases concerning whether a different rule should apply in deciding a forum non conveniens motion where a nonresident plaintiff action is filed in the county of defendant corporation’s principal place of business as opposed to a corporation only doing business in the county.

On July 21, 1992, the circuit court’s order stated: “Defendant’s Motion to Dismiss on the grounds of Forum Non Conveniens is hereby overruled.” Defendant appeals.

The sole issue for review is whether the trial court abused its discretion when it denied the defendant’s motion to dismiss based upon the doctrine of forum non conveniens.

The trial court has broad discretion in determining whether to transfer a cause to another jurisdiction on the basis of forum non conveniens, and its discretion will not be disturbed absent a clear abuse of that discretion. (Kwasniewski v. Schaid (1992), 153 Ill. 2d 550, 552-53, 607 N.E.2d 214, 216.) Implicit in the doctrine oí forum non conveniens is the recognition that jurisdiction is proper in more than one forum. (Bland v. Norfolk & Western Ry. Co. (1987), 116 Ill. 2d 217, 223, 506 N.E.2d 1291, 1294.) This equitable doctrine permits a court which has jurisdiction over the parties and the subject matter involved to decline jurisdiction when it is apparent that trial in another forum with jurisdiction over the parties would be more convenient and would better serve the ends of justice. (Vinson v. Allstate (1991), 144 Ill. 2d 306, 310, 579 N.E.2d 857, 859.) The doctrine oí forum non conveniens is applicable on an interstate basis as well as an intrastate basis where a case has no practical connection to the forum. Vinson, 144 Ill. 2d at 310, 579 N.E.2d at 859.

In applying the doctrine, the court must balance the private interest factors of the litigants themselves against the public interest factors of the fora which could exercise jurisdiction over the subject matter and the litigants. (Bland, 116 Ill. 2d at 223-24, 506 N.E.2d at 1294.) Private interest factors include “the convenience of the parties, the relative ease of access to sources of proof, the accessibility of witnesses, and ‘all other practical problems that make 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, quoting McClain v. Illinois Central Gulf R.R. Co. (1988), 121 Ill. 2d 278, 289.) The interests of the forum chosen for litigation include the congestion of the court’s docket, the interest in deciding localized controversies, and the unfairness of imposing jury duty upon residents of a county with little connection to the litigation. Vinson, 144 Ill. 2d at 311, 579 N.E.2d at 859.

In balancing private and public interests, unless those factors strongly favor the defendant, the plaintiff should be permitted to exercise his choice to pursue his cause in any locus where venue is proper. (Vinson, 144 Ill. 2d at 311, 579 N.E.2d at 859.) FELA provides an injured worker with broad latitude in his choice of the forum in which he chooses to bring suit against his employer: in either State or Federal court, with the option of filing in the locus of the accident, of the plaintiff’s residence, or where the defendant is doing business. (45 U.S.C.A. §56 (West 1991).) When an employee of the railroad elects to bring a FELA action in State court, the State’s law of venue controls. (Missouri ex rel. Southern Ry. Co. v.

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Bluebook (online)
626 N.E.2d 318, 254 Ill. App. 3d 567, 193 Ill. Dec. 285, 1993 Ill. App. LEXIS 2020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-gateway-western-railway-co-illappct-1993.