Fennell v. IL Cent. R.R. Co.

The railroad was originally sued under the Federal Employers’ Liability Act in 2002 in Mississippi, where Fennell lived and worked and was allegedly exposed to asbestos. He had also worked for the railroad in Louisiana. In 2006, after discovery, the Mississippi court dismissed without prejudice. In 2009, Fennell refiled in the circuit court of St. Clair County, Illinois. The railroad sought dismissal under the interstate doctrine of forum non conveniens. The circuit court denied the motion; the appellate court affirmed. The Illinois Supreme Court reversed, stating that the circuit court did not consider all of the relevant factors. The citizens of St. Clair County should not be asked to bear the burden of this lawsuit. The majority of the witnesses, including treating physicians, are in Mississippi and not subject to Illinois subpoenas. Although the St. Clair County circuit court cited “almost 80 years of relevant evidence as to the defendant’s knowledge of the exposure to asbestos” that were held by the defendant’s Belleville law firm located in the county, the supreme court ruled that such documents can be copied and that this is not sufficient to tip the balance as to the proper forum. View "Fennell v. IL Cent. R.R. Co." on Justia Law