Trent v. Caterpillar, Inc.

599 N.E.2d 1145, 234 Ill. App. 3d 839, 175 Ill. Dec. 131, 1992 Ill. App. LEXIS 1312
CourtAppellate Court of Illinois
DecidedAugust 13, 1992
DocketNos. 1—90—1746, 1—90—1747 cons.
StatusPublished
Cited by1 cases

This text of 599 N.E.2d 1145 (Trent v. Caterpillar, 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
Trent v. Caterpillar, Inc., 599 N.E.2d 1145, 234 Ill. App. 3d 839, 175 Ill. Dec. 131, 1992 Ill. App. LEXIS 1312 (Ill. Ct. App. 1992).

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

Plaintiff, Marlene Trent, brought a wrongful death action in the circuit court of Cook County, in her capacity as administrator of her husband’s estate, against defendants, Caterpillar, Inc. (hereinafter Caterpillar), and Goodyear Tire & Rubber Company (hereinafter Goodyear). Plaintiff alleged that her husband, Phillip Lynn Trent, was killed as a result of a defect in a truck manufactured by Caterpillar, or a defect in the tires on that truck that were manufactured by Goodyear. Caterpillar and Goodyear made motions to dismiss the action based upon the doctrine of forum non conveniens. The trial court denied these motions. Defendants then filed petitions for leave to appeal pursuant to Supreme Court Rule 306(a)(1)(ii)- (134 Ill. 2d R. 306(a)(1)(ii).) The appellate court granted defendants leave to appeal on July 20, 1990.

The sole issue on review is whether the trial court abused its discretion by denying defendants’ motions to dismiss on the grounds of forum non conveniens.

We reverse and remand.

Phillip Lynn Trent owned and operated Trent Enterprises, a business that engaged in strip mining. On August 28, 1988, Trent Enterprises was strip mining a site in Norton, Virginia, when Phillip heard an explosion. He left his office to investigate and discovered that an eight-foot tire on a hauler truck had exploded. The tire which exploded was manufactured by defendant Goodyear in Akron, Ohio. The hauler truck was manufactured by defendant Caterpillar in Peoria, Illinois. As Phillip examined the truck, the left rear tire, which was also manufactured by Goodyear, exploded and fatally injured him.

At the time of the accident, decedent and plaintiff were residents of Virginia. Plaintiff was appointed the executor of her husband’s estate by a Virginia State court. On December 29, 1989, plaintiff, in her capacity as executor, brought a wrongful death action against defendants in the circuit court of Cook County, Illinois. The complaint stated that a defect in either the truck or the tires caused the explosion which killed her husband. Plaintiff alleged negligence and strict liability in tort on the part of both defendants.

Defendants moved to dismiss the complaint on the grounds of forum non conveniens and sought venue in a Virginia State court located in Wise County, Virginia. Defendants maintained that the complaint should be dismissed and venue changed for the following reasons: (1) neither the truck nor the tires were designed or manufactured in Cook County, Illinois; (2) all of the nonparty witnesses who could testify with respect to the maintenance and operation of the vehicle reside in Virginia; (3) all of the witnesses who could testify to the events surrounding the accident, including decedent’s medical condition, reside in Virginia; (4) the expense incurred in investigating, interviewing and deposing numerous Virginia residents in Cook County, Illinois, would be excessive; and (5) the litigation has no factual connection to Cook County, Illinois.

In opposing the motions, plaintiff argued that Cook County, Illinois, is an appropriate forum because she chose it and because it is more accessible to defendants’ employees and both parties’ expert witnesses than is rural Virginia.

After a hearing on the motions, the trial court entered an order without opinion denying defendants’ motions to dismiss. Subsequently, defendants petitioned this court for leave to appeal pursuant to Supreme Court Rule 306(a)(1)(ii)-134 Ill. 2d R. 306(a)(l)(ii).

On appeal, defendants contend that the trial court erred in denying their motions to dismiss on the grounds 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 (see Washington v. Illinois Power Co. (1991), 144 Ill. 2d 395, 398), and its decision will not be disturbed absent a clear abuse of discretion. Piper Aircraft Co. v. Reyno (1981), 454 U.S. 235, 257, 70 L. Ed. 2d 419, 436, 102 S. Ct. 252, 266; Walsh v. Ramada Inns, Inc. (1989), 194 Ill. App. 3d 945, 947.

“ ‘Forum non conveniens is a doctrine that is founded in considerations of fundamental fairness and sensible and effective judicial administration.’ ” (Vinson v. Allstate (1991), 144 Ill. 2d 306, 310, quoting Adkins v. Chicago, Rock Island & Pacific R.R. Co. (1973), 54 Ill. 2d 511, 514.) A court may decline to exercise jurisdiction over a case under the doctrine of forum non conveniens whenever it appears that there is another forum with proper jurisdiction over the parties and the subject matter, which is more convenient and which may better serve the interests of justice. Boner v. Peabody Coal Co. (1991), 142 Ill. 2d 523, 527.

When deciding whether to grant a motion to dismiss pursuant to the doctrine of forum non conveniens, a trial court must balance the public interests affecting the administration of the courts with the private interests affecting the convenience of the litigants. (Vinson, 144 Ill. 2d at 310.) The private and public interest factors which courts must balance were established by the United States Supreme Court in Gulf Oil Corp. v. Gilbert (1947), 330 U.S. 501, 91 L. Ed. 1055, 67 S. Ct. 839. In Gulf Oil Corp., the Supreme Court held that the relevant private interest factors include the accessibility of sources of proof, the availability of witnesses, the availability of compulsory service of process to compel the appearance of unwilling witnesses, the cost of obtaining witnesses, the possibility of viewing the premises in question if appropriate, the convenience of the parties, and “all other practical problems that make trial of a case easy, expeditious and inexpensive.” Gulf Oil Corp., 330 U.S. at 508, 91 L. Ed. at 1062, 67 S. Ct. at 843; Vinson, 144 Ill. 2d at 310.

The relevant public interest factors “include the administrative difficulties flowing from court congestion; ‘a local interest in having localized controversies decided at home’; and the unfairness of burdening citizens in an unrelated forum with jury duty.” Bland v. Norfolk & Western Ry. Co. (1987), 116 Ill. 2d 217, 224, quoting Gulf Oil Corp., 330 U.S. at 509, 91L. Ed. at 1063, 67 S. Ct. at 843.

Under the doctrine of forum non conveniens, deference is usually given to the plaintiff’s choice of forum. (Griffith v. Mitsubishi Aircraft International, Inc. (1990), 136 Ill. 2d 101, 106; Gulf Oil Corp. v. Gilbert (1947), 330 U.S. 501, 508, 91 L. Ed. 1055, 1062, 67 S. Ct. 839, 843.) However, a plaintiff’s choice is entitled to less deference when the plaintiff does not reside in the chosen forum (Piper Aircraft Co. v. Reyno (1981), 454 U.S. 235, 255-56, 70 L. Ed. 2d 419, 435-36, 102 S. Ct. 252, 266; Griffith, 136 Ill. 2d at 106), “because it is less reasonable to assume that a foreign forum is convenient.” Walsh v. Ramada Inns, Inc. (1989), 194 Ill. App. 3d 945, 948.

Our Illinois Supreme Court recently provided additional guidance in balancing the public and private interests on a motion to dismiss on the grounds of forum non conveniens in Vinson v.

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Trent v. Caterpillar, Inc.
599 N.E.2d 1145 (Appellate Court of Illinois, 1992)

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599 N.E.2d 1145, 234 Ill. App. 3d 839, 175 Ill. Dec. 131, 1992 Ill. App. LEXIS 1312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trent-v-caterpillar-inc-illappct-1992.