Sales v. Weyerhaeuser Co.

163 Wash. 2d 14
CourtWashington Supreme Court
DecidedFebruary 7, 2008
DocketNo. 80472-9
StatusPublished
Cited by18 cases

This text of 163 Wash. 2d 14 (Sales v. Weyerhaeuser Co.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sales v. Weyerhaeuser Co., 163 Wash. 2d 14 (Wash. 2008).

Opinion

¶1

This case presents an opportunity for this court to clarify the common law doctrine of forum non conveniens. The trial court dismissed this case under forum non conveniens after determining that Arkansas state court offered a more convenient forum to litigate the case than Washington. The Court of Appeals reversed and ordered the trial court to condition its dismissal on a stipulation that the defendant would not remove the case to federal court once filed in Arkansas state court. We affirm the Court of Appeals on its decision to reverse the trial court but remand for proper application of the doctrine.

Owens, J.

FACTS

¶2 Charles Sales grew up in Mountain Pine, Arkansas, where his father worked for years at a lumber mill owned by the Weyerhaeuser Company. Sales alleges that he was exposed to the asbestos that his father carried home on his clothes, which caused Sales to contract mesothelioma, a [18]*18terminal lung disease that often kills its victims within 6 to 18 months of diagnosis.

¶3 Sales filed a personal injury action in Pierce County Superior Court in May 2006, naming Weyerhaeuser, a Washington corporation, as the sole defendant. Weyerhaeuser filed a motion to dismiss for forum non conveniens on grounds that Arkansas provided a more convenient forum than Washington because the exposure to asbestos occurred in Arkansas and Sales received all medical treatment there. Sales responded that his witnesses would include many of Weyerhaeuser’s former corporate employees who were residents of Washington.

¶4 Sales also raised concerns that if he refiled in Arkansas state court, Weyerhaeuser would likely remove the case to Arkansas federal district court, and that court would transfer the case to Pennsylvania district court under the federal multidistrict litigation (MDL) protocol for asbestos cases. Sales claimed that delays inherent in the MDL court would impede the progress of his case, which was especially important in light of his terminal illness.

¶5 The trial court granted the motion to dismiss without prejudice. The court considered each of the “private” and “public” forum non conveniens factors outlined in Myers v. Boeing Co., 115 Wn.2d 123, 794 P.2d 1272 (1990). Clerk’s Papers (CP) at 157-60. It concluded that “[t]here is no question that many of the factors . . . are either neutral or in favor of holding this trial in Arkansas since that is the state in which the alleged injuries took place and where [Sales] resides and is being treated.” CP at 160.

¶6 Sales moved for reconsideration, arguing that the court should have required Weyerhaeuser to stipulate not to remove the case to federal court. However, the court did not believe Washington law allowed the possibility of transfer to the MDL to be “a sole reason for keeping jurisdiction over a case which otherwise the State of Washington has only ... a very thin connection.” Verbatim Report of Proceedings (July 28, 2006) at 14-15. The court denied the motion for reconsideration.

[19]*19¶7 Sales appealed the dismissal to the Court of Appeals. The court reversed, holding that the trial court abused its discretion in failing to require Weyerhaeuser to stipulate to proceed in Arkansas state court jurisdiction. Sales v. Weyerhaeuser Co., 138 Wn. App. 222, 234, 156 P.3d 303 (2007). The court remanded “with instructions that the trial court condition dismissal on Weyerhaeuser’s stipulation to proceed in the Arkansas state courts.” Id. at 235. Weyerhaeuser petitioned this court for review, and we granted the petition. Sales v. Weyerhaeuser Co., 161 Wn.2d 1014, 171 P.3d 1057 (2007).

ANALYSIS

I

¶8 This case requires us to determine whether the doctrine of forum non conveniens permitted the trial court to condition dismissal on a stipulation that Weyerhaeuser would litigate in Arkansas state court. This court reviews a trial court’s decision to dismiss on forum non conveniens grounds for abuse of discretion. Myers, 115 Wn.2d at 128. A decision based on an erroneous view of the law necessarily constitutes an abuse of discretion. Wash. State Physicians Ins. Exch. & Ass’n v. Fisons Corp., 122 Wn.2d 299, 339, 858 P.2d 1054 (1993).

II

¶9 A plaintiff has the original choice to file his or her complaint in any court of competent jurisdiction. See Baker v. Hilton, 64 Wn.2d 964, 965, 395 P.2d 486 (1964) (“the choice lies with the plaintiff in the first instance”). Courts generally do not interfere with the plaintiff’s choice of forum where jurisdiction has been properly asserted. See Johnson v. Spider Staging Corp., 87 Wn.2d 577, 579, 555 P.2d 997 (1976) (“ ‘the plaintiff’s choice of forum should rarely be disturbed’ ” (quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508, 67 S. Ct. 839, 91 L. Ed. 1055 (1947))).

[20]*20¶10 The doctrine of forum non conveniens grants a court the discretionary power to decline a proper assertion of its jurisdiction “when the convenience of the parties and the ends of justice would be better served if the action were brought and tried in another forum.” Id. Essentially, the doctrine limits the plaintiff’s choice of forum to prevent him or her from “ ‘inflicting upon [the defendant] expense or trouble not necessary to [the plaintiff’s] own right to pursue his remedy.’ ” Myers, 115 Wn.2d at 128 (quoting Gulf Oil, 330 U.S. at 508).

¶11 In deciding whether to decline its own jurisdiction in favor of another forum, a court must balance certain private and public factors that determine the convenience of litigation in the alternative forum as opposed to the host forum. See id. The private factors specifically require courts to consider the convenience of litigation in the alternative forum, including:

“the relative ease of access to sources of proof; availability of compulsory process for attendance of unwilling, and the cost of obtaining attendance of willing, witnesses; possibility of view of premises, if view would be appropriate to the action; and all other practical problems that make trial of a case easy, expeditious and inexpensive.”

Id. (quoting Gulf Oil, 330 U.S. at 508). The public factors also focus on litigation, including:

“Administrative difficulties . . . for courts when litigation is piled up in congested centers instead of being handled at its origin] and j]ury duty . . . imposed upon the people of a community which has no relation to the litigation. . . . There is a local interest in having localized controversies decided at home. There is an appropriateness, too, in having the trial of a diversity case in a forum that is at home with the state law that must govern the case.”

Id. at 129 (quoting Gulf Oil, 330 U.S. at 508-09).

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Bluebook (online)
163 Wash. 2d 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sales-v-weyerhaeuser-co-wash-2008.