Shaw v. St. John's Hospital

Illinois Appellate Court
Civil Court
Forum Non Conveniens
Case Number: 
2012 IL App (5th) 110088
Decision Date: 
Friday, October 26, 2012
5th Dist.
Madison Co.
Affirmed in part and reversed in part; remanded.
Reasonable trial judge could find, based on review of all private and public interest factors, that balance of all factors does not strongly favor transfer of plaintiff's medical malpractice claims from Madison County to Jersey County. Contribution claims against Jersey Community Hospital are required to be venued in Jersey County, where Jersey Hospital has its principal offices and where its agents were alleged to have rendered a negligent diagnosis and treatment; thus, claims must be severed and transferred to Jersey County. Illinois law does not require third-party claim and underlying claim to be tried together. (WELCH and CHAPMAN, concurring.)