New Venue Case - June 9, 2006

In Jackson v. Reid, the 4th District reversed the trial court's decision and held that the trial court erred by denying defendants’ motion to transfer venue. In a nutshell, defendants argued that none of the defendants lived or practiced medicine in McLean County; had offices in McLean County; or provided any medial services to plaintiff in McLean County. All of the care at issue took place in Peoria County. In response, Plaintiff argued that defendants referred the plaintiff for tests in Peoria County and relied on those test results for their treatment of the plaintiff. Plaintiffs argued the tests performed in McLean County constituted an integral part of their cause of action. The appellate court disagreed with the plaintiffs and held that venue was not proper in McLean County.

Bottom Line:

Merely because a defendant/physician orders a test that is performed in another county does not make that county a proper venue for a lawsuit against the physician even if the physician relies on the results in providing care and treatment to the plaintiff.

Potential Impact of Decision on Forum Non Conveniens Motions:

A court may consider a forum non conveniens motion only after it has made the legal determination that there is more than one proper venue, and the venue in which plaintiff chose to file the action is one of the proper venues. This case may be used in support of forum non conveniens motions where the plaintiff tries to argue that a certain forum is proper merely because the plaintiff underwent certain tests and/or other medical treatment in that county, even if those tests and/or other treatment have no reasonable connection to the allegations of negligence.