Bird v. Luhr Brothers, Inc.

State: Illinois

Court: 5th District Appellate

Docket No: 5-01-0113 Rel

Case Date: 10/29/2002

NOTICE
Decision filed 10/29/02. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the Disposition of the same.

NO. 5-01-0113

IN THE

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT

JOSHUA R. BIRD,

Plaintiff-Appellee,

LUHR BROTHERS, INC.,

Defendant-Appellant.

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Appeal from the
Circuit Court of
St. Clair County.

No. 00-L-327

Honorable
Stephen M. Kernan,
Judge, presiding.

JUSTICE CHAPMAN delivered the opinion of the court:

This is an appeal from an order of the circuit court denying the motion of LuhrBrothers, Inc. (defendant), to dismiss or transfer on the grounds of forum non convenienspursuant to Supreme Court Rule 187 (134 Ill. 2d R. 187). The sole issue for review iswhether the circuit court abused its discretion in denying defendant's motion. We affirm andremand.

On January 7, 2000, the M/V Mary B and her crew were performing dredgingoperations in the waters of the Ohio River, at mile 973, between Pulaski County, Illinois, andBallard County, Kentucky, on the Kentucky side of the river. Joshua R. Bird (plaintiff) wasa member of that crew. Plaintiff alleges that he suffered a serious injury on the vessel whenhe slipped in fuel that had accumulated during refueling. He received immediate medicaltreatment in Cape Girardeau, Missouri. He received subsequent medical treatment in St.Louis, Missouri; Randolph County, Illinois; Perry County, Illinois; and St. Clair County,Illinois. Plaintiff is a resident of Perry County, Illinois. Defendant, plaintiff's employer, isa corporate citizen of the State of Illinois, with its principal place of business in MonroeCounty, Illinois.

On May 23, 2000, plaintiff filed suit in St. Clair County, Illinois, alleging a cause ofaction against defendant under the Jones Act (46 U.S.C.