BELLEVILLE – Venue decisions in St. Clair County show how judges’ decision making varies, as recently one ruled that a suit over a traffic accident doesn’t belong in the jurisdiction where it happened and another judge ruled that a suit over a traffic accident belongs where it happened.
In the first case, involving an accident in St. Louis, Circuit Judge Heinz Rudolf denied transfer to St. Louis city court on June 6.
In the second case, involving an accident in Springfield, Circuit Judge Christopher Kolker granted transfer to Sangamon County court on June 17.
In Rudolf’s case, William Ashley of St. Charles, Mo., claims St. Clair County resident Harris Davis injured him.
Attorney James Corrigan of Richmond Heights filed the suit in January 2018.
Davis retained attorney Beth Boggs of Olivette, who moved for transfer in April 2018.
Former circuit judge Vincent Lopinot presided, but he didn’t rule on the motion prior to his retirement last December.
This March, attorney Joseph Bartholomew of Bruce Cook’s firm in Belleville entered an appearance for Ashley.
Rudolf held a hearing in May, and decided to keep the case.
“This court does not believe forum shopping to be at issue here,” Rudolf wrote.
He wrote that one would assume St. Clair County was more convenient for Davis, and that Davis pays taxes and maintains rights in St. Clair County.
“Seemingly, this revenue helps pay for the administration expenses of the judicial system,” he wrote.
“Moreover, jurors would feel a connection to the case because they would certainly have an interest in controversies surrounding the negligence of one of its residents.”
He wrote that the state of Illinois benefits from revenue it receives from Davis and the revenue helps pay for expenses of the St. Clair County courthouse.
“Regardless of whether the case remains in Illinois or is transferred to Missouri, some of the potential witnesses will be inconvenienced,” he wrote.
He wrote that St. Louis city and St. Clair County are adjacent to one another, and that in St. Clair County, judges and administrative staff are accustomed to handling trials of this length and complexity.
In Kolker’s case, plaintiffs Rachel Patarozzi and Bradley Patarozzi of Sangamon County claim Joshua Hollinshead of Sangamon County injured them.
Attorney Michael McGlynn of Belleville filed the suit last year.
Hollinshead retained attorney Jon Shelton of Concord Village, Mo., who moved for transfer in February.
Kolker granted it at a hearing and signed a transfer order but did not write his reasons as Rudolf did.