Helzer v. F Joseph Lamb Co.

Mackenzie, P.J.

(dissenting in part). I agree that the trial court had general personal jurisdiction over defendant F. Jos. Lamb Co., Ltd., pursuant to MCL 600.711(3); MSA 27A.711(3), contrary to the dismissal order of the trial court. I would nevertheless affirm the grant of summary disposition in favor of F. Jos. Lamb Co., Ltd., on the ground that the court reached the right result for the wrong reason. See, e.g., Detroit v Gorno Steel & Processing Co, 157 Mich App 294; 403 NW2d 538 (1987). In my view, dismissal was appropriate under the doctrine of forum non conveniens. See Holme v Jason’s Lounge, 168 Mich App 132; 423 NW2d 585 (1988).

In Holme, supra, the plaintiff was allegedly assaulted in Canada by the employees of the Canadian establishment he was apparently patronizing. The plaintiff brought suit against the Canadian employer in Wayne County, presumably because recovery under Canadian law would be limited. Although the Wayne County court recognized that it had personal jurisdiction over the defendant Canadian corporation, it resisted imposition upon its jurisdiction on the basis of forum non conveniens. This Court affirmed. We stated:

*13[T]here is only a slight nexus between the litigation and this state. The competing interests weighed in favor of a Canadian forum.
The alleged tortious conduct occurred in Canada. Also, many of the res gestae witnesses—particularly defendant’s employees and the attending medical personnel—are presumably Canadian residents and, thus, may be beyond the subpoena power of Michigan courts. See MCR 2.506(G)(1). This would undoubtedly increase the costs of litigation. "Considering such costs and the likelihood that the attendance of some witnesses could not be procured, the defendant may be forced to conduct a trial by depositions, if even that is possible.” Anderson [v Great Lakes Dredge & Dock Co, 411 Mich 619,] 630 [309 NW2d 539 (1981)]. Moreover, both this Court and our Supreme Court have taken judicial notice of the fact that the Wayne Circuit Court, where this action was filed, has the most crowded civil docket of any court in the state. Id., p 631; Duyck v International Playtex, Inc, 144 Mich App 595, 601; 375 NW2d 769 (1985); Bellin v Johns-Manville Sales Corp, 141 Mich App 128, 133-134; 366 NW2d 20 (1984). As stated by the Beilin Court:
"We do not suggest that the judges of that circuit use their backlogs, standing alone, as justification for dismissal of any litigation with a foreign tinge. Nevertheless, where a plaintiff’s interest in a forum is slight, the plaintiff’s choice of forum is entitled to less weight.” [Id., p 134.]
Plaintiffs’ adamancy that the Wayne Circuit Court retain jurisdiction over the matter seems to stem from the fact that Canada apparently has a law which places a $100,000 ceiling on recovery of mental anguish damages in a personal injury suit. If true, this would of course increase this state’s interest (i.e., full compensation of its injured residents) in having the case decided by a Michigan court. But, the converse is equally true: Canada would have an increased interest in seeing that its residents are not subjected to exorbitant foreign damage awards. The Canadian damage limitation *14law is probably designed, at least in part, to protect its citizens from exactly this sort of litigation. . Defendant would have cause to complain if damages were not assessed in accordance with the law of its domicile. See Olmstead v Anderson, 428 Mich 1, 28-29; 400 NW2d 292 (1987).
Moreover, our review of the circumstances of this case convinces us that the doctrine of lex loci delicti mandates application of Canadian law because such would promote certainty, predictability of results, ease of application, and would prevent forum shopping. Id., p 24. Therefore, since plaintiffs would be bound by Canadian law regardless of the forum in which the trial was conducted, their interests in having the case tried here is even less. [168 Mich App 135-136.]

In the instant case, plaintiff was injured in Canada by a Canadian driver employed by a Canadian corporation and driving a Canadian van. Presumably several of the witnesses were also Canadian. The majority recognizes that the driver who struck plaintiff is not subject to the jurisdiction of Michigan courts. As noted by the trial court when reviewing plaintiff’s corporate veil-piercing claim, and as mentioned in Holme, supra, it would appear that Canadian law would govern disposition of this case were the trial conducted in Wayne County. In light of these considerations, and on the authority of Holme, supra, I would hold that summary disposition was properly granted as to defendant F. Jos. Lamb Co., Ltd., albeit for the wrong reason.