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Case Law Update: Forum Non Conveniens in Wrongful Death

Glass v. DOT Transportation, No. 1-08-2279 affirmed that the Special Administrator of Estate filed wrongful death action for her father’s estate in Cook County, even though probate proceeding was commenced in Champaign County, where decedent and his employer resided, and auto accident occurred in Mason County. Special Administrator’s choice of forum is rarely disturbed, and it was county of her residence and that of all Illinois beneficiaries. Under totality of circumstances analysis, public and private interest factors weighed in favor of Plaintiff’s choice of forum. Trial court was within its discretion in denying Defendants’ Rule 187 motion to transfer based on forum non conveniens. This case will have an effect on wrongful death cases in Illinois.