Czarnecki v. Uno-Ven Co.

29 Citing cases

  1. Bruce v. Atadero

    405 Ill. App. 3d 318 (Ill. App. Ct. 2010)   Cited 16 times
    In Atadero, the administrator of the decedent's estate brought suit against defendants for negligence occurring in McHenry County.

    Peile, 163 Ill. 2d at 344, 645 N.E.2d at 194. Adhering to the principles espoused in Peile, in Czarnecki v. Uno-Ven Co., 339 Ill. App. 3d 504, 791 N.E.2d 164 (2003), we held the trial court erred in not transferring a cause of action from Cook County to Will County on forum non conveniens grounds raised by defendants. In Czarnecki, the plaintiff filed a personal injury action against the defendants in Will County in 1996.

  2. Wagner v. Eagle Food Centers, Inc.

    398 Ill. App. 3d 354 (Ill. App. Ct. 2010)   Cited 7 times
    In Wagner v. Eagle Food Centers, Inc., 398 Ill. App. 3d 354, 925 N.E.2d 243 (2010), we likewise held that the trial court erred in denying the defendant grocery store and product manufacturer's motion to dismiss or transfer based on forum non conveniens where the private and public interest factors strongly favored return of the case to the initial forum and granting the motion was necessary to keep the plaintiffs from forum shopping.

    Wagner, slip op. at 14. One year after dismissing their complaint in Will County, plaintiffs refiled their case in Cook County. The seven-count refiled complaint alleged the same causes of action against the same defendants as did the seventh amended complaint filed in Will County. Defendants filed motions to dismiss plaintiffs' case or, in the alternative, to transfer it back to Will County. Citing Czarnecki v. Uno-Ven Co., 339 Ill. App. 3d 504 (2003), they argued that by refiling their case in Cook County, plaintiffs were forum shopping in an effort to avoid the Will County court's discovery orders. In their motions, defendants established that plaintiffs are residents of Will County and that the incident occurred in Will County. Martin Snider, the former district manager for Eagle; Sheila Piontek, a former Eagle employee; and Lester Nelson, a former manager of the Eagle store, provided affidavits stating that they reside in Will County. They further averred that it would be inconvenient to travel to Cook County for the trial of this matter and that it would be more convenient to travel to Will County. Defendants noted that while the case was pending in Will County, the parties had taken the statements of 23 witnesses and 6 depositions, the court entered 28 discovery orders, and plaintiffs settled their medical-malpractice suit.

  3. Monteagudo v. The Gardens of Belvidere, LLC

    2023 Ill. App. 220045 (Ill. App. Ct. 2023)

    Dawdy, 207 Ill.2d at 171. "Forum non conveniens is an equitable doctrine directed at promoting principles of fundamental fairness and sensible and effective judicial administration." Czarnecki v. Uno-Ven Co., 339 Ill.App.3d 504, 508 (2003). "The doctrine allows the court in which the action was filed to decline jurisdiction and direct the lawsuit to an alternative forum that the court determines can better serve the convenience of the parties and the ends of justice."

  4. Monteagudo v. The Gardens of Belvidere, LLC

    2023 Ill. App. 220045 (Ill. App. Ct. 2023)

    Czarnecki v. Uno-Ven Co., 339 Ill.App.3d 504, 508 (2003). "The doctrine allows the court in which the action was filed to decline jurisdiction and direct the lawsuit to an alternative forum that the court determines can better serve the convenience of the parties and the ends of justice."

  5. Hale v. Odman

    2018 Ill. App. 180280 (Ill. App. Ct. 2018)   Cited 10 times
    In Hale, the reviewing court stated that one "must look beyond the declarations of convenience and realistically evaluate convenience and the actual burden each party bears when traveling to the plaintiff's chosen forum."

    Moreover, the plaintiffs failed to name any potential medical witnesses at the hospital. ¶ 59 Finally, in Czarnecki v. Uno-Ven Co. , 339 Ill. App. 3d 504, 274 Ill.Dec. 368, 791 N.E.2d 164 (2003), the plaintiff voluntarily dismissed the first complaint filed in Will County and refiled in Cook County.

  6. Hoskin v. Union Pacific R.R. Co.

    365 Ill. App. 3d 1021 (Ill. App. Ct. 2006)   Cited 9 times
    Permitting judicial notice of matters, such as distances, when the matters are capable of instant and unquestionable demonstration

    Administrative Office of the Illinois Courts, 2004 Annual Report of the Illinois Courts, Statistical Summary 55. While this factor favors Randolph County, we note that it is to be accorded little weight. Czarnecki v. Uno-Ven Co., 339 Ill. App. 3d 504, 510, 791 N.E.2d 164, 170 (2003). The defendant also calls to our attention this court's recent pronouncement in McGinty v. Norfolk Southern Ry. Co., 362 Ill. App. 3d 934, 841 N.E.2d 987 (2005), which was decided while this appeal was pending.

  7. Allee v. Myers

    349 Ill. App. 3d 596 (Ill. App. Ct. 2004)   Cited 5 times
    In Allee, the focus of the claim was a commercial building involved in the negligence action against the defendant building owners who failed to notify tenants of the felony status of the codefendant who kidnapped and raped one of the plaintiffs, and not where those individuals purchased the weapon and committed the sexual assaults.

    The presumption favoring a plaintiff's choice is also diminished where the injury did not occur in the chosen forum. Czarnecki v. Uno-Ven Co., 339 Ill. App. 3d 504, 509, 791 N.E.2d 164 (2003). "A defendant seeking transfer is not required to show that the plaintiff's choice of forum is inconvenient; rather, transfer is allowed where defendant's choice is the substantially more appropriate forum."

  8. Smith v. Walgreen Co.

    2024 Ill. App. 5th 240394 (Ill. App. Ct. 2024)

    are unrelated to the instant case and insignificant for purposes of forum non conveniens. See Czarnecki v. Uno-Ven Co., 339 Ill.App.3d 504, 509 (2003). Using Google Maps, we take judicial notice (see Hoskin v. Union Pacific R.R. Co., 365 Ill.App.3d 1021, 1024-25 (2006); see also Dawdy, 207 Ill.2d at 177) that defendant's headquarters in Lake County is 315 miles from the St. Clair County courthouse and 235 miles from the Christian County courthouse.

  9. Pierce v. Cherukuri

    2022 Ill. App. 210339 (Ill. App. Ct. 2022)

    In addition, a defendant seeking transfer must demonstrate that a defendant's choice of forum is substantially more appropriate. Czarnecki v. Uno-Ven Co., 339 Ill.App.3d 504, 508 (2003). Since defendants may not assert that plaintiffs chosen forum is inconvenient to plaintiff, and since the majority of defendants reside in Cook County, we cannot say that the circuit court abused its discretion in finding that defendants failed to demonstrate that McDonough County is substantially more appropriate for all parties.

  10. Pierce v. Cherukuri

    2022 Ill. App. 210339 (Ill. App. Ct. 2022)

    In addition, a defendant seeking transfer must demonstrate that a defendant's choice of forum is substantially more appropriate. Czarnecki v. Uno-Ven Co., 339 Ill.App.3d 504, 508 (2003). Since defendants may not assert that plaintiff's chosen forum is inconvenient to plaintiff, and since the majority of defendants reside in Cook County, we cannot say that the circuit court abused its discretion in finding that defendants failed to demonstrate that McDonough County is substantially more appropriate for all parties.