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Hernandez v. Karlin Foods Corp

Case Date: 05/04/2001
Court: 1st District Appellate
Docket No: 1-00-2379 Rel

SIXTH DIVISION
May 4, 2001





No. 1-00-2379

 

IRENE HERNANDEZ, as Temporary
Guardian of the Estate and Person 
of Michael A. Hernandez, a
Disabled Person,

          Plaintiff-Appellant,

v.

KARLIN FOODS CORPORATION,
a Corporation, and VERN
E. LUNDBERG, INC., a Corporation,

          Defendants-Appellees.

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)		 Appeal from the
Circuit Court of
Cook County.



No.  99 L 14155




Honorable
Paddy McNamara,
Judge Presiding.


JUSTICE O'BRIEN delivered the opinion of the court:

Plaintiff, Irene Hernandez, appeals the order of the circuit court transferring venue pursuant tothe doctrine of intrastate forum non conveniens. We affirm.

Defendant Karlin Foods Corporation (Karlin) contracted with defendant Vern E. Lundberg, Inc.(Lundberg), for construction of a distribution center in Lee County. Lundberg hired Professional Steelto erect the structural steel for the project. On October 18, 1999, Michael Hernandez, an employee ofProfessional Steel, fell at the construction site in Lee County and incurred extensive injuries, includingbrain damage and paraplegia.

Immediately after the accident, Hernandez received treatment at St. Anthony Medical Centerin Rockford, Winnebago County. Later that day, he was transferred to Rockford Memorial Hospital inWinnebago County, where he remained for almost one month. Hernandez was then transferred toVencor Hospital in Sycamore, DeKalb County, where he remained for about four weeks before beingtransferred to the Rehabilitation Institute of Chicago, where he stayed for 2