Walsh v. Ramada Inns, Inc.

551 N.E.2d 249, 194 Ill. App. 3d 945, 141 Ill. Dec. 256, 1989 Ill. App. LEXIS 1929
CourtAppellate Court of Illinois
DecidedDecember 21, 1989
Docket1-88-2586
StatusPublished
Cited by10 cases

This text of 551 N.E.2d 249 (Walsh v. Ramada Inns, 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
Walsh v. Ramada Inns, Inc., 551 N.E.2d 249, 194 Ill. App. 3d 945, 141 Ill. Dec. 256, 1989 Ill. App. LEXIS 1929 (Ill. Ct. App. 1989).

Opinion

JUSTICE LINN

delivered the opinion of the court:

We allowed the petition of certain defendants (Ramada Inns, Inc., John A. Cassens and John E.H. Cassens) for leave to appeal from the denial of their intrastate forum non conveniens motion. (107 Ill. 2d R. 306(a)(1)(h).) On appeal, defendants contend that the trial court abused its discretion in refusing to transfer this cause to Whiteside County, Illinois.

Plaintiffs Thomas and Eleanor Walsh are residents of Spring Valley in Bureau County, Illinois. In 1985, Thomas Walsh (hereinafter Walsh) was employed as a construction worker by Richard J. Prescott Construction Company of Sterling in Whiteside County, Illinois.

On December 13, 1985, Walsh was helping to construct an addition to a Ramada Inn located in Rock Falls, Illinois, which also is in Whiteside County, when he fell off of a structural support that had suddenly tipped.

On July 10, 1987, Walsh and his wife filed the instant personal injury action in the circuit court of Cook County. In the action, plaintiffs seek $3 million for alleged negligence, loss of consortium and violation of the Illinois Structural Work Act (Ill. Rev. Stat. 1987, ch. 48, par. 60 et seq.).

Several weeks prior to filing the complaint, Walsh obtained medical care and treatment in Cook County, Illinois. The record discloses that he earlier had obtained medical care and treatment for his injuries in Whiteside, Winnebago, La Salle, Putnam, and Lake Counties in Illinois.

The record discloses further that the potential occurrence and post-occurrence witnesses are located in several Illinois counties: Rita Peppers and Don Boehme are located in Rock Falls in White-side County; John Caudillo (also spelled “Cardillo” in the record), Keith Diehl and Jack Butler are located in Sterling in Whiteside County; Craig Kraft is located in Freeport in Stephenson County; and John Houck is located in Dixon in Lee County.

Defendants subsequently moved to transfer the cause to the circuit court of Whiteside County pursuant to the doctrine of intrastate forum non conveniens and Illinois Supreme Court Rule 187 (107 Ill. 2d R. 187). In support of their motions, defendants contended that Whiteside County was a more convenient forum than Cook County because the accident occurred in Whiteside County, five of the seven potential occurrence and post-occurrence witnesses live in Whiteside County, the remaining two potential occurrence and post-occurrence witnesses live in Stephenson and Lee Counties, which are nearer to Whiteside than to Cook County, and defendants John A. Cassens and John E.H. Cassens live in Whiteside County. Defendants contended further that public interest factors favored Whiteside County because the Whiteside County court docket is less congested than the Cook County court docket, the citizens of Cook County should not be burdened with jury duty in a matter that has no relation to their community, and the citizens of Whiteside County have an interest in the litigation because it implicates the safety of construction equipment used in their community.

In response, plaintiffs contended that Cook County was a convenient forum because Walsh received some of his medical care and treatment in Cook County. Plaintiffs contended further that Cook County was convenient because Ramada Hotel Operating Company and Ramada, Inc. (which are not parties defendant in this case), have a corporate presence in Cook County consisting of a registered agent, a corporate office, and a worldwide sales office.

Relying upon Meyers v. Bridgeport Machines Division of Textron, Inc. (1986), 113 Ill. 2d 112, 497 N.E.2d 745, the trial court denied defendants’ motions to transfer and observed that there was no predominance of connections between the instant case and any particular county. The trial court believed instead that there was “a substantial distribution of contacts in a number of counties.” On appeal, the issue is whether the trial court’s decision denying defendants’ motions to transfer the cause to Whiteside County was an abuse of discretion.

Forum non conveniens is an equitable doctrine which presupposes the existence of more than one forum with personal and subject-matter jurisdiction. (Bland v. Norfolk & Western Ry. Co. (1987), 116 Ill. 2d 217, 223, 506 N.E.2d 1291; Continental Casualty Co. v. Michigan Mutual Insurance Co. (1989), 183 Ill. App. 3d 778, 781, 539 N.E.2d 431.) Under the doctrine oí forum non conveniens, a court may decline to exercise jurisdiction whenever it appears that there is another available forum which is more convenient and which can better serve the ends of justice. (See Bland, 116 Ill. 2d 217, 506 N.E.2d 1291; Continental Casualty Co., 183 Ill. App. 3d 778, 539 N.E.2d 431.) The decision to grant or deny a forum non conveniens motion rests within the sound discretion of the trial court, and a court of review will not set aside the decision unless there has been a clear abuse of that discretion. (Continental Casualty Co., 183 Ill. App. 3d 778, 539 N.E.2d 431.) In exercising its discretion, the court must weigh a variety of factors, including the private interests of the parties and certain public interest factors. (See Continental Casualty Co., 183 Ill. App. 3d 778, 539 N.E.2d 431; Japax, Inc. v. Sodick Company Limited (1989), 186 Ill. App. 3d 656, 666, 542 N.E.2d 792.) The pertinent private and public interest factors include “the availability of an alternative forum; ease of access to sources of proof; the availability of compulsory process for unwilling witnesses and the costs for transporting willing witnesses; the enforceability of a judgment if one is obtained; the con-gestión of the courts’ dockets; the need to apply foreign law; the local interest in having localized controversies decided at home; and similar practical problems relating to the trial process.” (Japax, Inc., 186 Ill. App. 3d at 66.) Other factors include the accessibility of witnesses and the convenience of the parties (Torres v. Walsh (1983), 98 Ill. 2d 338, 351, 456 N.E.2d 601), the possibility of viewing the scene of an accident (see Continental Casualty Co., 183 Ill. App. 3d at 782), the “unfairness of burdening citizens in an unrelated forum with jury duty” (Mansfield v. Curtis-Jansen, Inc. (1989), 183 Ill. App. 3d 154, 157, 538 N.E.2d 1282), and the proximity between the forum and the potential witnesses and other sources of proof. (See Bland, 116 III.

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551 N.E.2d 249, 194 Ill. App. 3d 945, 141 Ill. Dec. 256, 1989 Ill. App. LEXIS 1929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walsh-v-ramada-inns-inc-illappct-1989.