Bjorkstam v. MPC Products Corporation

Plaintiffs were injured while they were bystanders to a plane crash in Mexico. Plaintiffs initially filed complaint against manufacturers of allegedly faulty airplane parts. Court dismissed suit on forum non conveniens grounds, finding that Texas was a more convenient forum. Plaintiff then filed suit in Texas, but Texas court dismissed case, finding that Plaintiffs failed to exercise diligence by failing to serve it with suit. Illinois Supreme Court Rule 187(c)(2), which states that a defendant must accept service of process from that court, means service of process as defined by law of forum state. Texas ruling finding lack of diligent service is preclusive, and thus Plaintiffs were not entitled to refile suit in Illinois. Defendants' knowledge of suit did not act as substitute for service of process. (HOWSE and TAYLOR, concurring.)