Mudge dismisses accident case based on forum; Says Missouri more connected to controversy

By Ann Maher | Mar 5, 2014

Madison County Circuit Judge William Mudge has granted a motion to dismiss a case involving a Jefferson County, Missouri accident based on forum non conveniens.

In a Feb. 25 order, Mudge wrote that private and public interest factors make trial “easier, more expeditious and less expensive if brought in Missouri.”

“In the interest of having local controversies decided locally, it appears to this court that Missouri has more bases to claim it as their controversy than does Madison County…,” he wrote.

Plaintiff Andrew Vincent Young of Imperial, Mo. sued Edward J. Friedel of Alton last September claiming he was caused to crash his Kymco Agility 125  scooter because Friedel, driving a Ford box truck in the opposite direction on South Lemay Ferry Road, made an improper left turn in front of him.

DHL Express, Friedel’s employer, was also named as defendant.

Mudge wrote that convenience to the parties weighs in favor of Missouri as all the parties reside or work there.

“In sum, plaintiff resides in Missouri; defendant DHL’s facility is located in Missouri; defendant Friedel is employed by DHL in Missouri; the accident occurred in Missouri; all of the identified witnesses, including plaintiff’s treating physicians, are located in Missouri and are not subject to Illinois subpoenas; and a jury view of the accident scene would occur outside of Illinois,” Mudge wrote.

Young is represented by Thomas J. Magee and Lindsay T. Leible of HeplerBroom in St. Louis and and Troy A. Bozarth and Daniel C. Lytle of HeplerBroom in Edwardsville.

Friedel and DHL Express are represented by Todd C. Stanton and Kathryn L. Parrack of Sandberg Phoenix & von Gontard of St. Louis.

Madison County Circuit Court case number: 13-L-1618.

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