Anderson v. Great Lakes Dredge and Dock Co.
Anderson v. Great Lakes Dredge and Dock Co.
Opinion of the Court
Defendant appeals by leave granted the order of the trial court denying defendant’s motion that the court decline to exercise its jurisdiction based on the principle of forum non conveniens.
I.
Plaintiff was injured while employed by defendant and working either on the dredge Alaska or on a spill barge that was part of the Alaska’s operation. It is alleged that while plaintiff was handling a piece of frayed cable, one or more strands of the cable passed through his shoe and pierced his little toe. An infection resulted and the affected limb was partially amputated. Plaintiff brought suit in Wayne County Circuit Court alleging a cause of action for negligence and for breach of the warranty to provide a reasonably seaworthy vessel under general maritime law and the Jones Act.
Plaintiff resided in Jacksonville, Florida, and defendant is a New Jersey corporation with its headquarters and principal place of business in Chicago, Illinois. Defendant has offices and conducts operations in various places both in the United States and abroad. Defendant has a resident agent in Michigan, has conducted operations here in the past, and presently has a contract to dredge portions of the Saginaw River. The other
II.
Defendant first argues that the trial court erred in applying the wrong standard when ruling on the motion. Specifically, defendant’s contention is that in deciding the motion the trial court applied a "hardship” standard, and retained jurisdiction because defendant had not made a sufficient showing of hardship.
In Cray, supra, the Supreme Court formally adopted the principle of forum non conveniens. After analyzing several cases from other jurisdictions, the Court deduced several important characteristics concerning the principle and, in setting out these characteristics, delineated the proper scope of the doctrine’s application in Michigan. Presupposing that alternative forums are available, the principle of forum non conveniens was said to establish the right of a court to "resist imposition upon its jurisdiction although such jurisdiction could properly be invoked”. Cray, supra,
To aid trial courts in the exercise of this discretion, the Court suggested factors to be considered that were drawn from the cases previously analyzed:
"1. The private interest of the litigant.
"a. Availability of compulsory process for attendance of unwilling and the cost of obtaining attendance of willing witnesses;
"b. Ease of access to sources of proof;
"c. Distance from the situs of the accident or incident which gave rise to the litigation;
"d. Enforcibility [sic] of any judgment obtained;
"e. Possible harrassment [sic] of either party;
"f. Other practical problems which contribute to the ease, expense and expedition of the trial;
"g. Possibility of viewing the premises.
"2. Matters of public interest.
"a. Administrative difficulties which may arise in an area which may not be present in the area of origin;
"b. Consideration of the state law which must govern the case;
"c. People who are concerned by the proceeding.
"3. Reasonable promptness in raising the plea of forum non conveniens.” Cray, supra, 396.
While suggesting these factors, however, the Supreme Court was not foreclosing the possibility of examining other factors that might be relevant in
" 'Wisely it has not been attempted 'to catalogue the circumstances which will justify or require either grant or denial of remedy. The doctrine leaves 'much to the discretion of the court to which the plaintiff resorts, and experience has not shown a judicial tendency to renounce one’s own jurisdiction so strong as to result in many abuses.’ ” Cray, supra, 395, quoting Gulf Oil Corp v Gilbert, 330 US 501, 508; 67 S Ct 839; 91 L Ed 1055 (1947).
The trial court in the instant case recognized the criteria established in Cray and listened to the arguments of counsel concerning how those factors militated for and against retention of jurisdiction. In rendering its opinion, the trial court noted that it was persuaded by the arguments of plaintiffs counsel and that jurisdiction ought to be retained. Reference was also made to the point that seamen are traditionally favored in their choice of forum. In all of this we find no abuse of discretion. The trial court recognized its discretion and in exercising it considered the Cray factors. To the extent that the trial court’s opinion can be read as involving factors other than those set out in Cray, we note only that Cray does not foreclose the consideration of additional factors. Similarly, the trial court’s conclusion that on balance the factors did not point to a sufficient "hardship” to defendant to upset plaintiffs choice of forum was not an abuse of discretion. The Supreme Court in Cray did not use any specific word to characterize the outcome of the balance of the competing factors. It instead used phrases such as "advantages and disadvan
III.
Defendant next argues that in balancing the Cray factors the trial court abused its discretion in determining that jurisdiction should be retained.
The decision on whether to decline jurisdiction is in the discretion of the trial court, and that decision will not be overturned on appeal absent an abuse of discretion. Cray, supra, 395-397. In order to be an abuse of discretion, " 'the result must be so palpably and grossly violative of fact and logic that it evidences not the exercise of will but perversity of will, not the exercise of judgment but defiance thereof, not the exercise of reason but rather of passion or bias’ ”. Wendel v Swanberg, 384 Mich 468, 475-476; 185 NW2d 348 (1971), quoting from Spalding v Spalding, 355 Mich 382, 384-385; 94 NW2d 810 (1959).
In the instant case the trial court recognized and exercised its discretion. Both parties argued
IV.
Having found no abuse of discretion, the order of the trial court is affirmed, and the cause is remanded for further proceedings.
Affirmed.
46 USC 688.
At one point the trial court referred to "a showing of extreme hardship”. (Emphasis added.)
This is so regardless of whether the plaintiff is a seaman. See particularly the commentary at 1 Restatement Conflicts, 2d, § 84, Comment (c), p 251 (cited in Cray, supra, 394-395, fn 2), which notes that one of the most important rules is that "since it is for the plaintiff to choose the place of suit, his choice of a forum should not be disturbed except for weighty reasons”.
We note also that the decision on a forum non conveniens motion impacts heavily on the trial court itself. Considerations of the status of the docket and other administrative difficulties are peculiarly within the consciousness of the trial court. Accordingly, in reviewing an exercise of discretion that resulted in the retention of jurisdiction deference to that exercise is warranted.
Dissenting Opinion
(dissenting). I respectfully dissent from the majority’s conclusion that a trial court must find "hardship”, or even "extreme hardship”, before choosing to decline jurisdiction based on the principle of forum non conveniens.
The factors which were enumerated in Cray v General Motors Corp, 389 Mich 382; 207 NW2d 393; 59 ALR3d 127 (1973), have to do with the ease, expense, and expedition of the trial. These factors amount to a showing of hardship, so no additional factor of hardship need be considered. It is anomalous to conclude that the movant has satisfactorily demonstrated all of the Cray factors,
In the instant case, the trial judge made careful findings of fact on each of the factors enumerated in Cray, supra, and said that defendant had made an adequate showing of expense and inconvenience to witnesses. His only reason for denying defendant’s motion was the following:
"* * * [B]ecause removal should only be where there is a showing of extreme hardship on the part of the defendant — and I am making that declaration so you can test if — and that for the convenience of the parties and the cause it would be. more proper to have the case heard in another jurisdiction.”
It seems to me that this conclusion was contrary to the policy which was announced in Cray, supra. I would therefore reverse.
Reference
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