Taylor v. Lemans Corporation

Illinois Appellate Court
Civil Court
Forum Non Conveniens
Case Number: 
2013 IL App (1st) 130033
Decision Date: 
Tuesday, October 15, 2013
1st Dist.
Cook Co., 2d Div.
Products liability action filed in Cook County for motocross bicycle accident which occurred in Bureau County. Court properly denied Defendants' motion to transfer on grounds of forum non conveniens. Although Plaintiff's choice of forum is entitled to less weight because he does not reside in Cook County, it is still entitled to some weight. That Cook County has more cases on its docket does not necessarily mean it is more congested. Witness testimony can be obtained through deposition, and computer and Internet access render location of documentary evidence less significant convenience consideration. Where primary issue is product liability, location of accident is less significant due to general interest in resolving a claim as to allegedly defective product, including interest in counties where companies conduct business.(QUINN and SIMON, concurring.)