Forum Non Conveniens in Illinois - First District Gets It
The First District Appellate Court issued a significant forum non conveniens ruling in Lutzenkirchen v. OSF Saint Anthony Medical Center on October 14, 2025, finding that the Cook County trial court had abused its discretion by denying the defendant’s motion to transfer the case to Winnebago County. Lutzenkirchen is a medical malpractice case but the principles under which the First District held it should be moved out of Cook County apply across subject areas. Most significantly, the court gave substantial weight to the public-interest factors - an area that plaintiffs and some trial court judges minimize in favor of the plaintiff’s private interests. The decision is a welcome and helpful reminder to trial court judges that the appellate court still places equal weight on those public interest factors.
The Case
Plaintiff argued that Cook County was proper and convenient for several reasons:
His choice of forum was entitled to deference.
Two individual defendants lived or worked in Cook County.
The corporate defendant operated facilities in Cook County.
Cook County was more accessible for the plaintiff, who resided in Kane County, and for his brother who lived in Georgia and could fly directly to Chicago.
A jury view of the hospital or site of injury would be unnecessary.
Cook County, though congested, was better equipped to handle a busy docket than Winnebago County.
The trial court denied the defendants’ FNC motion, finding that although Winnebago County was more convenient for most witnesses, Cook County was still a proper forum and capable of handling the case. It gave little weight to public interest factors and retained the matter in Cook County. The First District reversed, holding that the circuit court abused its discretion. The appellate court found that plaintiff’s choice of forum deserved little deference because neither he nor the decedent resided in Cook County and no part of the alleged negligence occurred there. Examining the private interest factors, the court determined that nearly all defendants and witnesses were located in or near Winnebago County, the evidence and records were stored there, and trying the case in Cook County would impose unnecessary travel and cost burdens.
The Private/Public Balance
In assessing the balance between private and public interest factors, the appellate court emphasized:
Court congestion: Cook County’s docket was vastly larger than Winnebago County’s and growing more rapidly, contrary to the trial court’s finding that this factor should carry “little weight.”
Local interest: Winnebago County had a clear interest in adjudicating alleged malpractice at its local hospital, whereas Cook County had virtually no connection to the dispute.
Jury burden: It would be unfair to impose jury duty on Cook County residents for a case arising entirely in Winnebago County.
Accordingly, the appellate court held that both the private and public interest factors strongly favored transfer to Winnebago County and directed that the case be transferred there. Justice Oden Johnson specially concurred, agreeing that reversal was warranted but suggesting that the case should be remanded for the trial court to reapply the forum non conveniens analysis rather than for immediate transfer.
For attorneys handling forum disputes, especially in complex tort cases in Cook County, Lutzenkirchen v. OSF is a powerful reminder that cases should be tried where the events occurred and where the community has a genuine stake in the outcome.