dissenting:
I respectfully dissent.
No aspect of this case, facts, witnesses or parties, has the slightest connection with Madison County. Yet, the trial court and the majority are permitting it to be tried there notwithstanding. Sanction is thus granted to the further and continued abuse of the taxpayers and residents of Madison County.
This case has no connection of any kind with Madison County. In fact, all parties and all witnesses are nonresidents of Illinois. Despite this void of interest or connection, plaintiff has filed this case in the Illinois county with the most, or certainly one of the most, congested court dockets in the State. It should not be made a requirement that defendant present evidence relating to the congestion of courts of other States that would constitute proper forums for this case; it is sufficient that we know that the circuit court of Madison County is practically overrun with cases. The citizens of Madison County will be required to furnish the tax money to pay for the expenses attending the trial, to furnish jurors, courtroom, bailiffs, court reporters and judges. Not the least of the burdens to be borne by Madison County citizens is the fact that this case, two trials, in effect, will displace the trials and dispositions of litigation involving Madison County residents. As the supreme court stated in Satkowiak v. Chesapeake & Ohio Ry. Co. (1985), 106 Ill. 2d 224, 231-32, 478 N.E.2d 370, 373:
“The public interest factors noted in Gilbert include administrative difficulties caused by concentrating litigation in congested centers, the imposition of jury duty of the citizens of a community unrelated to the litigation, difficulties in providing information to all interested persons when a case is tried far from those who are interested, ***.
***
*** This continuing glut of cases in certain Illinois counties is a factor we must consider before burdening these counties with additional nonresident litigation. (Moore v. Chicago & North Western Transportation Co. (1983), 99 Ill. 2d 73, 81; Wieser v. Missouri Pacific R.R. Co. (1983), 98 Ill. 2d 359, 373; Jones v. Searle Laboratories (1982), 93 Ill. 2d 366, 375; Espinosa v. Norfolk & Western Ry. Co. (1981), 86 Ill. 2d 111, 122-23).”
Aside from the burdens placed upon the residents and taxpayers of Madison County, the decision of the trial court that denied defendant’s motion to decline jurisdiction was contrary to the decisions of our supreme court in Foster v. Chicago & North Western Transportation Co. (1984), 102 Ill. 2d 378, 466 N.E.2d 198, Moore v. Chicago & North Western Transportation Co. (1983), 99 Ill. 2d 73, 457 N.E.2d 417, Wieser v. Missouri Pacific R.R. Co. (1983), 98 Ill. 2d 359, 456 N.E.2d 98, and Espinosa v. Norfolk & Western Ry. Co. (1981), 86 Ill. 2d 111, 427 N.E.2d 111.
This case assumes a somewhat different dimension upon consideration of the allegations in counts III and IV of plaintiff’s complaint. There he alleges that he was injured on August 13, 1981, while working aboard the motor vessel Rosemarie Waldon on the Mississippi River at or near Quincy, Illinois. Assuming the truth of that charge, as must be done, the case takes on the trappings of intrastate forum non conveniens. Although arguably the plaintiff would have been justified in filing his suit in Adams County, at least as to counts III and IV (see Brummett v. Wepfer Marine, Inc. (1986), 111 Ill. 2d 495, 490 N.E.2d 694), he did not choose to file it there. Even so the cases of Torres v. Walsh (1983), 98 Ill. 2d 338, 456 N.E.2d 601, Satkowiak v. Chesapeake & Ohio Ry. Co. (1985), 106 Ill. 2d 224, 478 N.E.2d 370, Boston v. Rockford Memorial Hospital (1986), 140 Ill. App. 3d 969, 489 N.E.2d 429, and Walker v. Iowa Marine Repair Corp. (1985), 132 Ill. App. 3d 621, 477 N.E.2d 1335, would require that this case be transferred to Adams County for trial. That county has a far less crowded docket than has Madison County and would be no less convenient to plaintiff than Madison County.
However, despite the fact that Brummett v. Wepfer Marine, Inc., would arguably be followed in granting a transfer of the case to Adams County, the fact remains that aside from being the situs of the alleged accident, Adams County has no more contacts with the parties and the witnesses than has Madison County. The defendant still cannot compel the attendance of any of the occurrence witnesses (save the 3 of 13 still employed by it) or the medical witness. In addition, the distance from Little Rock, Arkansas, and Elizabethtown, Kentucky, are even greater to Adams County than to Madison County. Adams County is an inconvenient and improper forum.