Wednesday, October 3, 2007
FORUM NON CONVENIENS TRANSFER FROM COOK TO KANE AFFIRMED ON APPEAL
Partner Vito Masciopinto and Deborah O’Brien (of counsel) successfully defended the forum non conveniens transfer of plaintiff’s medical negligence complaint against Sherman Hospital on appeal before the First District Appellate Court in Chicago. The appellate court affirmed the trial court’s transfer of the action from Cook to Kane County, finding that both public and private interest factors strongly favored transfer to Kane County. In affirming the transfer, the appellate court recognized that most of the parties, including the plaintiff, are located in Kane County, and that the alleged negligent acts occurred in Kane County.