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GLASS v. DOT TRANSP., INC.

No. 1-08-2279.

912 N.E.2d 762 (2009)

Renee L. GLASS, Individually and as Special Representative and Special Administrator of the Estate of Robert L. Wiand, Deceased, Plaintiff-Appellee, v. DOT TRANSPORTATION, INC., a Delaware Corporation d/b/a DOT Transportation, an Assumed Name, DOT Foods, Inc., an Illinois Corporation, and Randy W. Crawford, Defendants-Appellants.

Appellate Court of Illinois, First District, Fifth Division.

July 17, 2009.

Attorney(s) appearing for the Case

Heyl, Royster, Voelker & Allen, Karen L. Kendall, Brad A. Elward, Rex K. Linder, John P. Heil, Jr., Peoria, Brown, Hay & Stephens, LLP, Donald Tracy, Springfield, for Defendants-Appellants.

Michael W. Rathsack (Benjamin A. Crane, Gregory F. Coplan and Michael W. Rathsack, of counsel), Chicago, Attorneys for Plaintiff-Appellee.

Justice TOOMIN delivered the opinion of the court:

In this wrongful death action, we consider the deference to be afforded an administrator's choice of forum that differs from the situs of the decedent's probate administration, where the administrator resides in her chosen forum and is also a beneficiary in the pending litigation. No other reported Illinois case has addressed this precise issue. Plaintiff, individually and as estate representative, brought this action...

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