Forum Non Conveniens Does Not Apply To Intrastate Cases
posted on January 21st, 2008 in Uncategorized by clintIn Luna v. Sherwood, 208 S.W.3d 403 (Tenn.Ct.App.2006), the parents filed a medical malpractice action against the doctor, medical clinic and hospitals, alleging that during birth the baby suffered from hypoxic brain injury, thereby leaving her disabled and severely brain damaged. The doctor and medical clinic challenged the venue as an inconvenient forum, because he and his office were located in DeKalb County. The doctor and clinic alleged that many witnesses were located in Dekalb County. The other defendants in the case had offices in Davidson County. The trial court found that Davidson County was a proper venue and that the doctrine of forum non conveniens did not apply to intrastate disputes. The doctor and medical clinic appealed. The Court of Appeals revisited Zurick v. Inman, 426 S.W.2d 767 (Tenn.1968) which was an interstate, not intrastate, application of the forum non conveniens doctrine. The Court found it “significant” the doctrine of forum non conveniens had yet to be applied by our courts in an intrastate action. Finding Zurick limited to an interstate application of the doctrine, the Court declined the invitation to expand the doctrine of forum non conveniens to intrastate disputes.