Narrative Opinion Summary
In this case, the appellate court reviewed an interlocutory order that transferred a lawsuit from Cook County to Du Page County. The plaintiff, a resident of Cook County, filed a suit alleging that a stroke was caused by Desoxyn, prescribed and dispensed in Du Page County by the defendants, who are residents of Du Page County. Defendants moved to transfer the venue, citing the location of the prescription and dispensation. The trial court initially granted the motion to transfer. However, on appeal, the court reversed this decision, emphasizing the plaintiff's right to choose the forum under Section 2.101 of the Illinois Code of Civil Procedure, which allows a suit to be initiated in the county where the incident occurred or the defendant resides. The appellate court found that the cause of action arose in Cook County, where the stroke occurred, and that it would be more convenient for a substantial number of witnesses. The court also distinguished the case from Bucklew v. G.D. Searle Co., noting that events significant to the case took place in Cook County. Consequently, the appellate court reversed the transfer order and remanded the case for further proceedings, taking note of the ongoing estate proceedings following Dr. Cusick's death.
Legal Issues Addressed
Cause of Action and Venuesubscribe to see similar legal issues
Application: The court found that the cause of action arose in Cook County, where the stroke occurred, supporting the plaintiff’s choice of venue.
Reasoning: The court determined that the cause of action arose in Cook County, where the stroke occurred, and found that a substantial number of witnesses were located there, supporting the convenience of the venue.
Distinguishing Precedentsubscribe to see similar legal issues
Application: The court distinguished the present case from Bucklew v. G.D. Searle Co., noting that the ingestion of the drug took place in Cook County.
Reasoning: The court rejected the defendants' reliance on Bucklew v. G.D. Searle Co., clarifying that in Bucklew, no part of the transaction occurred in the county where the suit was filed, unlike in this case where the ingestion of the drug and subsequent medical events took place in Cook County.
Respect for Plaintiff’s Choice of Forumsubscribe to see similar legal issues
Application: The appellate court highlighted the importance of respecting the plaintiff's choice of forum when the plaintiff complies with the venue statute.
Reasoning: The appellate court emphasized that the plaintiff's choice of forum should be respected if he complies with the venue statute.
Venue Statute under Illinois Code of Civil Procedure Section 2.101subscribe to see similar legal issues
Application: The court applied Section 2.101 to determine that the lawsuit was appropriately initiated in Cook County where the stroke occurred.
Reasoning: Under Section 2.101 of the Illinois Code of Civil Procedure, a lawsuit can be initiated in the defendant's county of residence or where the incident occurred.