 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Berry v. Electrolux Home Products9/20/2004
UNPUBLISHED
(Nunc Pro Tunc May 18, 2004)
Plaintiff John Berry filed a complaint in the circuit court of Cook County, seeking recovery from Electrolux Home Products, Inc., and Sears Roebuck and Company for injuries his son Kyle Berry received in a lawn tractor accident at the Berry family home in Michigan. Electrolux filed, and the circuit court denied, a motion to dismiss the case from Cook County under the doctrine of forum non conveniens. Electrolux petitioned this court for leave to appeal under Supreme Court Rule 306(a)(2). 166 Ill. 2d R. 306(a)(2). We granted the petition and now affirm the judgment of the circuit court.
In 2001, Kyle, then a toddler, was injured when his mother ran over him while operating a lawn tractor designed and manufactured by Electrolux and sold by Sears. Electrolux has its principal place of business in Ohio. The lawn tractor was manufactured in South Carolina and purchased in Michigan. Sears is based in Cook County, Illinois .
The Berrys filed their amended complaint in Cook County in 2003, naming Sears and Electrolux as defendants. Earlier, Sears had filed a motion to dismiss the action on forum non conveniens grounds, but the trial court denied the motion and Sears did not appeal. Electrolux then filed its own motion to dismiss based on forum non conveniens, arguing that either Michigan or South Carolina was a better forum.
The trial court denied Electrolux's motion in a written memorandum opinion and order, concluding "[Electrolux] has not met its burden as the relevant factors for consideration when viewed in their totality, do not strongly favor the suggested forums." The judge wrote, " hile most if not all the occurrence witnesses do reside in Michigan, several hundred miles from this courthouse, this product liability action will require the testimony of many experts and representatives of manufacturers who reside in neither Illinois Michigan." The judge noted that although the accident occurred in Michigan, both Sears and Electrolux conduct business and sell lawn tractors in Cook County, Illinois. The judge considered the fact that a trial in Illinois would preclude the jury viewing the accident site, but determined the problem was surmountable because the lawn tractor could be transported to Cook County for the jury to view. The trial judge conceded that some factors weighed against a trial in Cook County. She considered that the Illinois court would be required to apply Michigan law and that the Cook County docket is more congested than the dockets in Michigan, but she concluded that those factors did not strongly favor dismissal when viewed under the totality of the circumstances.
A trial court has broad discretion in granting or denying a motion for dismissal on the grounds of forum non conveniens. Ferguson v. Bill Berger Associates, Inc., 302 Ill App. 3d 61, 70, 704 N.E.2d 830 (1998). The task of the reviewing court is to determine only if the trial court abused its discretion. Ferguson, 302 Ill. App. 3d at 70. A court abuses its discretion when no reasonable person would share its view. Ferguson, 302 Ill. App. 3d at 70.
On appeal, Electrolux argues that "a reasonable balancing of private and public interests in this case firmly establishes that this dispute properly belongs before a Michigan court."
Under section 2-101 of the Code of Civil Procedure (Code), an action generally must be commenced: (1) in the county of residence of any defendant who is joined in good faith or (2) in the county where the cause of action arose. 735 ILCS 5/2-101 (West 2000). If more than one potential forum exists, the equitable doctrine of forum non conveniens may be invoked to determ
Page 1 2 3 Illinois Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|