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06/22/2007 FIRST DISTRICT APPELLATE COURT AFFIRMS ORDER GRANTING FORUM NON CONVENIENS MOTION Smith v. Jewel Food Stores, Inc., No. 04 L 12887, Decided June 18, 2007. In a unanimous decision, the Illinois Appellate Court, First District, has held that the Circuit Court of Cook County did not abuse its discretion when it granted a defendant's forum non conveniens motion to transfer this truck versus motor-vehicle action from Cook County to Kendall County. Although the plaintiff's chosen forum is generally given great deference, the court concluded that the plaintiff's choice of forum was entitled to less deference here because she is a resident of Kendall County, not Cook County. Furthermore, the court noted that the accident occurred in Kendall County, that the defendant driver is a resident of neighboring Will County, that the only other driver involved in the collision is a resident of Kendall County, and that the vast majority of witnesses resides in either Kendall, Will, or Grundy Counties. The court further concluded that Cook County does not have a substantial interest in the outcome of the matter simply because the defendant maintains its headquarters in Cook County, and because the truck's maintenance records are kept in Cook County. Click here for the full text in PDF format. -------------------------------------------------------------------------------------------------------------------- Return to Previous Page |
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