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Berry v. Electrolux Home Products9/20/2004
e fact that none of the witnesses resided in Madison County and Macoupin County had a predominant connection to the case, it held, "where the potential trial witnesses are scattered among several counties, including the plaintiff's chosen forum, and no single county enjoys a predominant connection to the litigation, the plaintiff may not be deprived of his or her chosen forum." Dawdy, 206 Ill. 2d at 184, citing Guerine, 198 Ill. 2d at 526.
Here, potential trial witnesses are scattered among several states, including Illinois . No single jurisdiction enjoys a predominant connection to the litigation and, under Dawdy and Guerine, the Berrys may not be deprived of their chosen forum. While at first glance Michigan may appear to be more convenient, after considering the totality of the circumstances we cannot say that the trial court reached an unreasonable conclusion in allowing the Berrys to remain in their chosen forum. The judgment of the trial court is affirmed.
Affirmed.
CAHILL, J., with WOLFSON, P.J., and GARCIA, J., concurring.
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