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McGINTY v. NORFOLK SOUTHERN RY. CO.

No. 5-04-0683.

841 N.E.2d 987 (2005)

362 Ill. App.3d 934

299 Ill.Dec. 255

Patrick K. McGINTY, Plaintiff-Appellee, v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

November 3, 2005.

Attorney(s) appearing for the Case

Kurt E. Reitz, Heath Hooks, Thompson Coburn, LLP, Belleville, IL, for Appellant.

David R. Jones, Christie R. Schmieder, Pratt & Tobin, P.C., East Alton, IL, for Appellee.

Justice McGLYNN delivered the opinion of the court:

Norfolk Southern Railway Company (Norfolk Southern) appeals from the trial court's September 29, 2004, denial of its motion to dismiss on the basis of interstate forum non conveniens. On December 2, 2004, we granted Norfolk Southern's petition for leave to appeal pursuant to Supreme Court Rule 306(a)(2) (166 Ill.2d R. 306(a)(2)). There is no dispute that venue in Madison County, Illinois, is proper, because...

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