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Kawasaki Motors Corp. v. Foster3/30/2005
Kawasaki Motors Corporation ("Kawasaki") appeals from a trial court Order, denying its Motions to Dismiss for Forum Non Conveniens and to Sever. We conclude that the motions should have been granted.
The appellee, Amy Foster, is the widow and personal representative of the estate of the decedent, David R. Foster. The Fosters are Illinois residents who booked a vacation package through an Illinois travel agency, Alexander Travel, for a Sandals Jamaica ("Sandals") vacation at the Beaches Negril Resort. Alexander Travel in turn booked the Foster's vacation through another company, Unique Vacations, Inc. Unique Vacations acts as Sandals' worldwide booking agent, and is located in Miami-Dade County. The tickets were issued to the Fosters in Illinois.
The Foster family flew directly from Illinois to Jamaica. During the family's stay at the Beaches Negril Resort, Mr. Foster and his stepson, Nicholas Eagan, each rented Kawasaki watercraft from Tanka Water Sports of Jamaica. While riding the watercraft in Negril Bay, Nicholas collided with Mr. Foster, and Mr. Foster died as a result of internal injuries. The fatal accident was investigated by Jamaican law enforcement officials and the Jamaican Maritime Authority. Additionally, a Jamaican medical examiner performed the first autopsy on Mr. Foster in Jamaica. Mr. Foster's body was subsequently flown back to Illinois from Jamaica for a second autopsy, which was performed by an Illinois physician, who also happens to reside in Ft. Myers, Florida on a part-time basis.
Ms. Foster filed a wrongful death suit in Miami-Dade County against, among other parties, Unique Vacations, Alexander Travel, Sandals Resorts, Beaches Management, and the appellant, Kawasaki Motors Corporation. Whereas the claims brought against Kawasaki were based on product liability theories, the claims against the other defendants were grounded upon general negligence theories.
Kawasaki timely filed a Motion to Dismiss for Forum Non Conveniens, seeking to transfer the action to either Jamaica or to Illinois . Kawasaki also filed a Motion to Sever. The trial court denied Kawasaki's motions on the ground that Kawasaki failed to establish that the relative disadvantages or prejudices against its private interests were of sufficient weight to overcome the presumption in favor of plaintiff's choice of forum. We reverse the Order because the trial court's findings are not supported by the Record. Moreover, we find that the parties' private interests are in fact tipped in favor of an alternate forum.
In Kinney System, Inc. v. Continental Insurance Co., 674 So. 2d 86 (Fla. 1996), the Florida Supreme Court adopted the federal test for forum non conveniens determinations, and held that a trial court's ruling, granting or denying a motion to dismiss on forum non conveniens grounds, must be reviewed under an abuse of discretion standard. Kinney, 674 So. 2d at 93-94. Nevertheless, review of the Kinney standard has evolved into an abuse of discretion/de novo standard, depending on the extent of the trial judge's analysis and whether the appellate record is sufficient to allow the reviewing court to reach its own conclusions. Aerolineas Argentinas, S.A. v. Gimenez, 807 So. 2d 111, 115 (Fla. 3d DCA 2002) (Sorondo, specially concurring (citing Bacardi v. Lindzon, 728 So. 2d 309 (Fla. 3d DCA 1999), app'd, 845 So. 2d 33 (Fla. 2002)); Sun & Sea Estates v. Kelly, 707 So. 2d 863 (Fla. 3d DCA 1998).
The federal doctrine of forum non conveniens has been codified in Florida Rule of Civil Procedure 1.061(a) which provides:
Grounds for Dismissal. An action may be dismissed on the ground that a satisfactory remedy may be more conveniently sough
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