Forum Non Conveniens

• Author: International Law Group

Originally from Colombia, the Iragorri family became U.S. citizens in 1989. In 1992, while the family was in Bogota, Colombia, Mr. Iragorri apparently fell to his death down an elevator shaft while he was visiting his mother who lived in a partially finished apartment building.

The evidence of what happened is in conflict. An elevator mechanic had looked at the elevator a few hours before the accident but had decided to shut it down until the repairs could be completed. The doorman testified that he found a screwdriver holding the elevator doors open on the fifth floor where Iragorri's mother lived. He also found Iragorri lying at the bottom of the elevator shaft.

While the doorman initially declared that Iragorri was drunk, he later testified that Iragorri appeared normal. International Elevator, Inc. (IEI) maintained the elevator at the apartment building. IEI began in 1924 as a Maine subsidiary of Otis Elevator. Though Otis sold it in 1988, the company kept its Maine charter and still distributes Otis elevators.

Iragorri's widow sued several parties for negligence, including IEI. The district court in Connecticut transferred the case to the federal court in Maine where IEI was subject to jurisdiction. Upon a defense motion, the Maine district court dismissed on forum non conveniens grounds. Plaintiff appealed but the U.S. Court of Appeals for the First Circuit affirms.

As for the applicable rules, the Court notes that when a defendant moves for dismissal on forum non conveniens grounds, it must show (a) that an adequate alternative forum exists and (b) that considerations of convenience and judicial efficiency strongly favor litigating in the alternative forum. The movant can usually satisfy the first requirement if it shows that the alternative forum can address the claim and that the defendant is amenable to service of process there. The second requirement demands an analysis of the traditional private and public interest factors, including the access to evidence and a possible need to view the premises.

As for the adequacy of the alternative forum, Iragorri argued that Colombia is a dangerous country. She produced a State Department travel advisory warning U.S. citizens who travel to Colombia, especially to the city of Cali, about the risk of violence. The district court, however, found this unconvincing. The travel advisory...