Torts: Slip and Fall-Forum Non Conveniens

Appellants appealed from the dismissal of their complaint under forum non conveniens grounds. Appellant Mary Crawford fell at respondent’s store in Shawnee, Kansas. Respondent moved to dismiss on the basis of forum non conveniens. Appellants opposed, arguing that respondent failed to show that trying the case in the present county would be oppressive, prejudicial, or manifestly unjust. The trial court granted the motion, finding that all the factors save the location of witnesses weighed in favor of dismissal.

Where respondent’s assertions in support of its motion were unsupported by the evidence, the trial court abused its discretion to find that Missouri would be an inconvenient forum or that trying the case in Missouri would impose an undue burden on the state’s courts.

Judgment is reversed and remanded.

Crawford v. Family Tree, Inc. (MLW No. 79612/Case No. WD85628 – 15 pages) (Missouri Court of Appeals, Western District, Sutton, J.) Appealed from circuit court, Jackson County, Roldan, J. (Michael Rader, Leawood, KS; Anthony Dewit, Leawood, KS; and Austin Green, Leawood, KS for appellant) (Karl Kuckelman, Overland Park, KS; and Thomas Fiegener, Overland Park, KS for respondent)