Adkins v. Chicago, Rock Island & Pacific Railroad

I dissent. I agree with the circuit and appellate courts that upon this record the doctrine of forum non conveniens is clearly inapplicable and assuming, arguendo, that there was an issue here of forum non conveniens, the majority have disregarded the rule that the trial court’s decision will not be disturbed unless the record shows an abuse of discretion.

Prior to discussing the legal issues it is essential to correct a factual error in the majority opinion. The majority states: “The collision with which the action is concerned took place in Iowa, over 200 miles from Rock Island, Illinois.…