{
  "id": 4260468,
  "name": "MARK LORENZ, a Minor, By His Father, Gary Lorenz, et al., Plaintiffs-Appellees, v. RIGOBERTO (JUAN) HERRERA, Defendant and Counterdefendant (Amanda Dayton, a Minor, et al., Defendants; Thomas Pledge, Defendant and Counterdefendant-Appellant; The McDonough County Sheriffs Department, Defendant-Appellant; Brian D. Dayton, as Special Adm'r of the Estate of Jill D. Dayton, Deceased, et al., Counter-plaintiffs-Appellees; Thomas M. Pledge, as Deputy Sheriff of McDonough County, et al., Counterdefendants-Appellants)",
  "name_abbreviation": "Lorenz v. Herrera",
  "decision_date": "2006-01-25",
  "docket_number": "No. 2\u201405\u20140476",
  "first_page": "1171",
  "last_page": "1174",
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      "cite": "362 Ill. App. 3d 1171"
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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    "name_long": "Illinois",
    "name": "Ill."
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    {
      "cite": "355 Ill. App. 3d 370",
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      "reporter": "Ill. App. 3d",
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        3599208
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      "year": 2005,
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-3d/355/0370-01"
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    {
      "cite": "217 Ill. 2d 144",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        3875566
      ],
      "year": 2005,
      "pin_cites": [
        {
          "page": "153-54"
        }
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  "last_updated": "2023-07-14T16:28:25.526171+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "MARK LORENZ, a Minor, By His Father, Gary Lorenz, et al., Plaintiffs-Appellees, v. RIGOBERTO (JUAN) HERRERA, Defendant and Counterdefendant (Amanda Dayton, a Minor, et al., Defendants; Thomas Pledge, Defendant and Counterdefendant-Appellant; The McDonough County Sheriffs Department, Defendant-Appellant; Brian D. Dayton, as Special Adm\u2019r of the Estate of Jill D. Dayton, Deceased, et al., Counter-plaintiffs-Appellees; Thomas M. Pledge, as Deputy Sheriff of McDonough County, et al., Counterdefendants-Appellants)."
    ],
    "opinions": [
      {
        "text": "JUSTICE McLAREN\ndelivered the opinion of the court:\nThis court granted the petition of defendants Thomas Pledge and the McDonough County Sheriffs Department (defendants) pursuant to Supreme Court Rule 306 (210 Ill. 2d R. 306) for interlocutory appeal of the trial court\u2019s denial of their motion to transfer venue based on the principle of forum non conveniens, as well as the denial of their motion to transfer venue pursuant to section 2 \u2014 103 of the Illinois Code of Civil Procedure (Code) (735 ILCS 5/2 \u2014 103 (West 2004)). We affirm in part, reverse in part, and remand the cause.\nPlaintiffs, Mark Lorenz, Gary Lorenz, and Leslie Lorenz, were involved in a serious automobile accident with a McDonough County deputy sheriff who was pursuing a felon. The accident occurred in Mc-Donough County. As a result, plaintiffs filed a claim in Lake County. In response, defendants filed their motions, requesting transfer of venue to McDonough County because causes of action are asserted against the local law enforcement authorities of McDonough County.\nThe review of a trial court decision on venue requires a two-step analysis: first, the trial court\u2019s underlying factual findings are reviewed deferentially and will not be disturbed unless those findings are against the manifest weight of the evidence; and second, the trial court\u2019s conclusion of law is reviewed de novo. Corral v. Mervis Industries, Inc., 217 Ill. 2d 144, 153-54 (2005), abrogating Home Depot, U.S.A., Inc. v. Department of Revenue, 355 Ill. App. 3d 370 (2005), Southern & Central Illinois Laborers\u2019 District Council v. Illinois Health Facilities Planning Board, 331 Ill. App. 3d 1112 (2002), Johnson v. Compost Products, Inc., 314 Ill. App. 3d 231 (2000), and Long v. Gray, 306 Ill. App. 3d 445 (1999). Here, because the material facts are undisputed, we need review only the trial court\u2019s legal conclusions.\nAs to defendants\u2019 motion for change of venue to McDonough County based on the principle of forum non conveniens, we find that the request lacks merit. Plaintiffs have noted that the venue of Lake County was chosen because Lake County has multiple contacts with the case, including: the residency of plaintiffs; the residency of many of plaintiffs\u2019 witnesses; the residency of some of the named defendants; the residency of many of the fact witnesses; the residency of others who will likely be called as medical witnesses; and the location of the offices of most of the treating physicians. We determine that plaintiffs\u2019 numerous contacts with Lake County are more than sufficient to determine that the trial court\u2019s decision denying the motion for change of venue on that basis was not legally erroneous.\nDefendants claim that proper venue lies in McDonough County pursuant to section 2 \u2014 103 of the Code. However, plaintiffs argue that defendants waived their right to object to Lake County as the proper venue. Plaintiffs have overlooked the fact that defendants promptly filed their motion for change of venue pursuant to section 2 \u2014 103 shortly after one of the defendants was dismissed from this case, as is allowed in section 2 \u2014 104(b) of the Code (735 ILCS 5/2 \u2014 104(b) (West 2004)). That section provides that, if a party is dismissed, another party may, in a timely manner, file a motion for change of venue. Additionally, unlike section 2 \u2014 104(b), section 2 \u2014 103 of the Code does not contain any provisions limiting the time for filing such a motion.\nWe are persuaded that McDonough County is the appropriate venue for the case to be heard because the sheriff\u2019s department, the sheriff, the deputy sheriff, and the county itself were originally included as named defendants. Even though McDonough County was dismissed on counterplaintiffs\u2019 motion to nonsuit the county as a defendant in the case, it is apparent that McDonough County, via the actions of the remaining defendants, would ultimately bear liability for any damages awarded to plaintiffs. Section 2 \u2014 103(a) provides that an action against a governmental corporation must be brought in the county in which its principal office is located or in the county in which the transaction or some part thereof occurred out of which the cause of action arose. 735 ILCS 5/2 \u2014 103(a) (West 2004). Because the automobile collision occurred in McDonough County and because suit has been brought against public officials for whom McDonough County will bear responsibility, we determine that McDonough County is the appropriate county in which this case should be heard. A judgment rendered against any deputy sheriff who, while acting in his official capacity as a deputy sheriff, caused injury to the person or property of another is required to be indemnified by the county, thereby triggering section 2 \u2014 103. Because it is apparent that McDonough County is the real party in interest and is the proper venue for this case, defendants\u2019 section 2 \u2014 103 motion should have been granted.\nThe judgment of the circuit court of Lake County is affirmed as to the denial of the motion for change of venue based on the doctrine of forum non conveniens and reversed as to the denial of the section 2 \u2014 103 motion for transfer of venue; and this cause is remanded with instructions that venue be transferred to McDonough County for further proceedings.\nAffirmed in part and reversed in part; cause remanded with instructions.\nHUTCHINSON and BYRNE, JJ., concur.",
        "type": "majority",
        "author": "JUSTICE McLAREN"
      }
    ],
    "attorneys": [
      "Karen L. Kendall, Craig L. Unrath, and Brad A. Elward, all of Heyl, Roys-ter, Voelker & Allen, of Peoria, and Kevin J. Luther and Michael J. Denning, both of Heyl, Royster, Voelker & Allen, of Rockford, for appellants.",
      "John C. Church, of Libertyville, for appellees Gary Lorenz, Leslie Lorenz and Mark Lorenz.",
      "George M. Sachs, of George M. Sachs, P.C., of Libertyville, and Harry C. Lee, of Law Office of Harry C. Lee, of Chicago, for other appellees."
    ],
    "corrections": "",
    "head_matter": "MARK LORENZ, a Minor, By His Father, Gary Lorenz, et al., Plaintiffs-Appellees, v. RIGOBERTO (JUAN) HERRERA, Defendant and Counterdefendant (Amanda Dayton, a Minor, et al., Defendants; Thomas Pledge, Defendant and Counterdefendant-Appellant; The McDonough County Sheriffs Department, Defendant-Appellant; Brian D. Dayton, as Special Adm\u2019r of the Estate of Jill D. Dayton, Deceased, et al., Counter-plaintiffs-Appellees; Thomas M. Pledge, as Deputy Sheriff of McDonough County, et al., Counterdefendants-Appellants).\nSecond District\nNo. 2\u201405\u20140476\nOpinion filed January 25, 2006.\nKaren L. Kendall, Craig L. Unrath, and Brad A. Elward, all of Heyl, Roys-ter, Voelker & Allen, of Peoria, and Kevin J. Luther and Michael J. Denning, both of Heyl, Royster, Voelker & Allen, of Rockford, for appellants.\nJohn C. Church, of Libertyville, for appellees Gary Lorenz, Leslie Lorenz and Mark Lorenz.\nGeorge M. Sachs, of George M. Sachs, P.C., of Libertyville, and Harry C. Lee, of Law Office of Harry C. Lee, of Chicago, for other appellees."
  },
  "file_name": "1171-01",
  "first_page_order": 1189,
  "last_page_order": 1192
}