St. Louis-San Francisco Railway Co. v. Superior Court, Creek County

In St. Louis-San Francisco Railway Co. v. Superior Court, Creek County, 1955 OK 111, 290 P.2d 118, the petitioner seeking mandamus was the defendant in two cases. In the first, the defendant alleged that the plaintiff was a resident of Missouri; the defendant was a Missouri corporation doing business in Missouri; the plaintiff was injured in the defendant's business in Missouri while employed there; all of the witnesses lived in Missouri; a jury in Missouri would be able to view the scene of the injury if necessary; and that the cost of trial of the action in Oklahoma would be $ 1,900 more than the cost of trying the case in Missouri. The plaintiff alleged that he could obtain a larger verdict in Oklahoma; that he had been examined by three Oklahoma doctors who would be expert witnesses; and that the plaintiff had become a resident of Oklahoma since the accident. The Supreme Court analyzed cases from other states to conclude that the possibility of a higher verdict does not make an otherwise inappropriate forum convenient, nor does the hiring of out-of-state doctors; indeed, the court determined that even the plaintiff's act of becoming an Oklahoma citizen did not make Oklahoma a convenient forum under the facts which strongly suggested that Missouri was the most convenient forum. Id. at 121. The court noted: The trend in favor of the use of considerations of forum non conveniens seems to us to be a wholesome one and in furtherance of the sound administration of justice. Trial courts should not hesitate to follow it in appropriate circumstances. Id. The Supreme Court granted a writ of mandamus to the defendant and ordered the trial court to dismiss the Oklahoma action. The Court held that whether to dismiss an action on the basis of forum non conveniens is left to the trial court's discretion and that on appeal we must review the trial court's decision for an abuse of that discretion. Id. at 120. An order of dismissal on the ground of forum non conveniens is a final appealable order, while the remedy for an arbitrary abuse of discretion in making an order denying a motion to dismiss on that ground may be appealed by way of seeking mandamus. Id. In the second case involved in St. Louis-San Francisco Railway Co., the plaintiff was a resident of Missouri and worked for the defendant Missouri corporation in Missouri. The plaintiff was injured in Kansas, however. The defendant alleged that five of the potential witnesses lived in Oklahoma, three in Kansas, and one in Missouri. The court noted that it would be more expensive to try the case in Oklahoma than in Kansas. The plaintiff argued he had additional medical witnesses in Oklahoma and that he could obtain a larger verdict in Oklahoma. The Supreme Court determined that Missouri, Kansas and Oklahoma were all possible forums for the action and denied the writ of mandamus in that case after determining that the denial of the motion to dismiss on the basis of forum non conveniens was not an arbitrary abuse of discretion. Id. at 122.