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Khan v. Enterprise Rent-A-Car-Co.12/30/2004
Defendants Enterprise Leasing Company of Chicago (Enterprise) and Diane Lopez (Lopez) appeal from an order of the circuit court denying their motion to reconsider the court's denial of their motion to transfer venue in plaintiffs Ahmad Kahn and Maheen Ahmad's negligence action from Cook County to DuPage County on the basis of forum non conveniens. In accordance with a supervisory order from the Illinois Supreme Court, on April 23, 2004, we granted defendants' petition for leave to appeal pursuant to Supreme Court Rule 306(a)(2). 166 Ill. 2d R. 306(a)(2). On appeal, defendants contend that the trial court abused its discretion in denying their motion to transfer venue because the private and public interest factors heavily weigh in favor of transferring this case to DuPage County. For the reasons set forth below, we reverse.
STATEMENT OF FACTS
On February 25, 2003, Ahmad Kahn (Kahn), on his own behalf and as special administrator of the estate of his seven-year-old son Muhammed Ahmad (Muhammed), and Maheen Ahmad (Maheen), a minor represented by Kahn, her father, filed a complaint against Enterprise, an Illinois corporation, and Lopez, an alleged agent of Enterprise. In the complaint, plaintiffs alleged that on October 19, 2001, Lopez negligently operated a vehicle, owned by Enterprise, at or near 103 West Roosevelt Road in Villa Park, Illinois, which struck and injured both Muhammed and Maheen as they were walking across the street. Muhammed died as a result of the injuries he sustained. In counts I through IV, plaintiffs alleged claims based on wrongful death and survival in relation to the injuries sustained by Muhammed. In counts V and VI, plaintiffs alleged a claim based on "personal injuries" sustained by Maheen. In counts VII and VIII, plaintiffs sought damages for the expenses incurred in treating Muhammed and Maheen's injuries pursuant to the Family Expense Act (750 ILCS 65/15 (West 2002)).
On May 7, 2003, defendants filed a motion to transfer the action based on forum non conveniens, arguing that the private and public interest factors strongly favored transfer of the case to DuPage County.
On June 23, plaintiffs filed their answers to forum non conveniens interrogatories, in which they admitted, inter alia: the accident took place in Villa Park, which is located in DuPage County; all of the nine potential witnesses to the accident were residents of DuPage County; plaintiffs and Muhammed were residents of DuPage County; the Villa Park police department personnel were at the scene of the accident following the collision; although not identified individually or by county residency, there were potential medical witnesses from Good Samaritan Hospital (Good Samaritan) in DuPage County, where both Muhammed and Maheen received medical treatment for their injuries, and from Lutheran General Hospital (Lutheran) in Cook County where Muhammed was transferred by air and treated just before his death; and the Deputy Medical Examiner of Cook County conducted Muhammed's post-mortem examination, was a potential medical witness, and resided in Cook County.
On August 20, 2003, plaintiffs filed their response to defendants' motion to transfer, arguing that Cook County had a significant connection to their lawsuit because Muhammed was transferred to Cook County for "emergency treatment," including surgery, on October 19, 2001, died in Cook County on October 20, 2001, and was given post-mortem and toxicological analyses by the Cook County medical examiner's office. Plaintiffs also argued that Enterprise does substantial business in Cook County, that Enterprise maintains numerous business outlets and files lawsuits on a regular basis in Cook County, and that defendan
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