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Wakehouse v. Goodyear Tire & Rubber Co.11/18/2004
PUBLISHED
In these consolidated appeals, defendants Goodyear Tire & Rubber Company, Titan Wheel Corporation, Titan International, Inc., T.D. Wheel Company of Virginia, Inc., Caterpillar, Inc., Caterpillar Tractor Company, and third-party defendants Leslie Sorenson, Kay Sorenson, Virgil Sorenson and Sorenson's Tire Store sought leave to appeal under Supreme Court Rules 306 (166 Ill. 2d R. 306) and 308 (155 Ill. 2d R. 308) from rulings of the circuit court denying defendants' motions to dismiss based on forum non conveniens. Appeal No. 3--03--0910 presents an issue of first impression regarding a plaintiff's ability to refile a case in Illinois after a dismissal under the interstate branch of forum non conveniens. Appeal No. 3--03--0884 involves application of familiar forum non conveniens principles to plaintiff's choice of forum.
Background
On February 6, 1997, Gary D. Wakehouse was killed in Burt County, Nebraska, while changing a tire on a Caterpillar road grader. According to plaintiff's complaint, the wheel rim of the road grader separated, causing the side ring to strike Wakehouse. Plaintiff filed a complaint on August 15, 1997, in St. Clair County, Illinois , alleging product liability and negligence claims. The defendants subsequently filed a motion to dismiss based on improper venue and on the grounds of interstate forum non conveniens. The circuit court denied the motion and, after granting defendants' Rule 306 petition for leave to appeal, the Fifth District Appellate Court affirmed in a Rule 23 order entered on July 19, 2001. Defendants then filed a petition for leave to appeal to the Illinois Supreme Court under Rule 315. 177 Ill. 2d R. 315. The supreme court entered a supervisory order vacating the appellate court's order and remanding for reconsideration in light of Vinson v. Allstate, 144 Ill. 2d 306, 579 N.E.2d 857 (1991). The appellate court, in a second Rule 23 order issued on November 27, 2001, ruled that the trial court had abused its discretion in denying defendants' motion to dismiss. Wakehouse v. Titan Wheel Corp., No. 5--99--0749 (2001) (unpublished order under Supreme Court Rule 23). The court found that either Burt County, Nebraska, or Onawa, Iowa, where the decedent resided and was employed, would be a more convenient forum. Thereafter, the trial court dismissed the case on February 13, 2002, in an agreed order which provided, pursuant to Supreme Court Rule 187, that defendants would accept service of process if plaintiff refiled in another forum within six months. See 134 Ill. 2d R. 187(c)(2)(i). Defendants also agreed to waive any statute of limitations defense. See 134 Ill. 2d R. 187(c)(2)(ii).
On July 30, 2002, plaintiff refiled her case in Peoria County, Illinois . Peoria is the world headquarters and principal place of business of defendant Caterpillar. Its research and design facilities are located nearby. In addition, the principal places of business of two of the Titan defendants are located in Quincy, Illinois, about 130 miles from Peoria. The defendants filed motions to dismiss, asserting that the previous dismissal on the grounds of interstate forum non conveniens precluded plaintiff from refiling in any Illinois county. These motions were denied by the Peoria County circuit court, which certified the following question for interlocutory appeal under Rule 308:
"Is the trial court correct in its ruling that dismissal pursuant to Supreme Court rule 187 (c)(2) -- on the grounds of interstate forum non conveniens -- of a suit, then pending in one county in the State of Illinois , does not preclude the filing of the suit in another county in the State of Illinois?"
Thereafter, the circuit court ruled on
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