Doe v. Sun Intern. Hotels, Ltd.

• Decision Date: 20 May 1998
• Docket Number: No. 97-3359-CIV.,97-3359-CIV.
• Citation: 20 F.Supp.2d 1328
• Parties: Jane DOE, Plaintiff, v. SUN INTERNATIONAL HOTELS, LTD., a Bahamian corporation, Defendant.
• Court: U.S. District Court — Southern District of Florida

20 F.Supp.2d 1328

Jane DOE, Plaintiff, v. SUN INTERNATIONAL HOTELS, LTD., a Bahamian corporation, Defendant.

No. 97-3359-CIV.

United States District Court, S.D. Florida.

May 20, 1998.

William Andrew Haggard, Robert L. Parks, Jeannete Lewis Bologna, Haggard Parks & Stone, P.A., Coral Gables, FL, for Jane Doe.

Donald Edward Fucik, Rumberger Kirk & Caldwell, Miami, FL, for Sun Intern. Hotels, Ltd.

ORDER DENYING MOTION TO DISMISS

GOLD, District Judge.

THIS CAUSE came before the Court on Defendant's Motion to Dismiss or Transfer based on the doctrine of forum non conveniens. For the following reasons, the motion is denied.

Eighteen-year old Jane Doe filed this lawsuit against Sun International Hotels, Inc., a Bahamian holding company, alleging that she was raped last year while on vacation at the defendant's resort. The complaint alleges that the defendant breached its duty to maintain the hotel premises in a reasonably safe condition and to warn invitees about the likelihood of harm from third persons. Sun International Hotels filed a motion to dismiss based on forum non conveniens seeking to dismiss the lawsuit because, among other reasons, the incident occurred in the Bahamas and Bahamian law will apply. By an earlier order, the Court stayed all discovery in this matter not related to the issue of forum non conveniens. On May 14, 1998, the Court held a hearing on defendant's motion.

Under the doctrine of forum non conveniens, a district court has inherent power to decline to exercise jurisdiction over a case when an adequate alternative forum is available. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 506-07, 67 S.Ct. 839, 842, 91 L.Ed. 1055 (1947). The court must "weigh relative advantages and obstacles to fair trial" in each forum, considering factors of private and public interest. Id. at 508, 67 S.Ct. at 843.

Initially, the defendant must establish that an adequate alternative forum exists which possesses jurisdiction over the whole case. La Seguridad v. Transytur Line, 707 F.2d 1304, 1307 (11th Cir.1983). If defendant has met the burden of showing that an adequate alternative forum exists, the trial judge must then consider all relevant factors of private interest, weighing in the balance, a strong presumption against disturbing the plaintiffs' initial forum choice. The Supreme Court has indicated that in considering the private interests of the litigants, important factors include the relative case of access to sources of proof; ability to obtain witnesses; possibility of view of premises, if relevant; and "all other practical problems that make trial of a case easy, expeditious and inexpensive." Gulf Oil v. Gilbert, 330 U.S. 501, 508, 67 S.Ct. 839, 91 L.Ed. 1055 (1947). If the balance of private interests is in, or near, equipoise, the court must then determine whether or not factors of public interest tip the balance in favor of a trial in a foreign forum. Pain v. United Technologies Corp., 637 F.2d 775, 784-85 (D.C.Cir.1980). Public interest factors bearing upon the forum's interest in entertaining the lawsuit include court congestion and jury duty generated by controversies having no relation to the forum; the desirability of having localized controversies decided at home; and the difficulties attendant resolving conflict-of-laws problems and applying foreign law. Gilbert, 330 U.S. at 508-09, 67 S.Ct. 839. Since the touchstone of forum non conveniens analysis is convenience, controlling weight cannot be given to any one factor in the balancing process or the doctrine would lose much of the flexibility that is its essence. Piper Aircraft Co. v. Reyno, 454 U.S. 235, 249, 102 S.Ct. 252, 70 L.Ed.2d 419 (1981). If the court determines that the balance favors a foreign forum, it must finally ensure that plaintiffs can reinstate their suit in the alternative forum without undue inconvenience, or prejudice. Pain, 637 F.2d at 784-85.

It is axiomatic in a forum non conveniens analysis that unless the balance of private and public interest factors strongly favors the defendant, the plaintiff's choice of forum should rarely be disturbed. Gilbert, 330 U.S. at 508, 67 S.Ct. 839. Defendant argues that the lawsuit should be tried in the Bahamas because of ease of access to sources of proof and to enable the trier-of-fact to view the premises. But in this case, the plaintiff possesses all her medical and treating records and the factual incident...