Milton v. Boeing Co.

Summary

The Illinois Appellate Court affirmed the denial of The Boeing Company’s forum non conveniens motion in a contaminated-cabin-air products-liability action brought by three flight attendants. The court held that Boeing failed to show that the relevant private and public interest factors strongly favored transfer from Cook County to Washington, emphasizing the trial court’s considerable discretion, the litigation’s progress in Illinois, and the absence of supporting witness affidavits.

Holdings

1. The circuit court did not abuse its discretion in denying Boeing's motion to dismiss because Boeing failed to show that the relevant private and public interest factors strongly favored transfer to Washington.
2. The circuit court properly gave plaintiffs' choice of Cook County some deference, although less than it would have received had plaintiffs resided in Illinois or had the injury occurred there.
3. The private and public interest factors, considered together, did not require dismissal or transfer to Washington.

Questions Presented

1. Whether the circuit court abused its discretion by denying Boeing's motion to dismiss under the doctrine of forum non conveniens.
2. Whether the private and public interest factors strongly favored litigating the case in Washington rather than Cook County, Illinois.

Disposition

affirmed