Decker v. Union Pacific Railroad Company

Illinois Appellate Court
Civil Court
Forum Non Conveniens
Citation
Case Number: 
2016 IL App (5th) 150116
Decision Date: 
Tuesday, July 12, 2016
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Affirmed.
Justice: 
CATES

Court properly denied railroad company's motion to transfer case to Marion County based on forum non conveniens. Plaintiff was injured in fall while working as a member of a 3-man crew scheduled to run locomotive to a different fail yard. St. Clair County is closer to all service information on the locomotive, the employee-witness who investigated substance where Plaintiff fell, Defendant's claims department information, proof-of-wage loss documents, and Defendant's expert physician. No single county enjoys predominant connection to case. Balance of factors does not weigh strongly in favor of transfer to Marion County.(SCHWARM and STEWART, concurring.)