It was error to deny a cruise ship line's 735 Ill. Comp. Stat. Ann. 5/2-619(a)(9) (2006) motion to dismiss a passenger's negligence suit based on a forum selection clause because (1) a contract's physical characteristics reasonably communicated the clause
JERRY WALKER, Plaintiff-Appellee, v. CARNIVAL CRUISE LINES, INC., a Corporation, CARNIVAL CRUISE LINES, a Corporation, and CARNIVAL CORPORATION, a Panama Corporation, doing business in the United States, Defendants-Appellants.
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION
2008 Ill. App. LEXIS 461
May 21, 2008, Filed
PROCEDURAL POSTURE: Plaintiff passenger sued defendant cruise ship line in the Circuit Court of Cook County (Illinois). The trial court denied the line's motion to dismiss, under 735 Ill. Comp. Stat. Ann. 5/2-619(a)(9) (2006), which was based on a forum-selection clause in the passenger's contract, and certified two question for review under Ill. Sup. Ct. R. 308. The line appealed, requesting review of the first certified question.
OVERVIEW: The trial court certified whether it erred in applying the law in denying the line's motions to dismiss and reconsider, and whether its orders denying the line's motions were appealable under Ill. Sup. Ct. R. 304, 306 or 308. The appellate court held the first question improperly sought a review of the trial court's application of the law to given facts, but it was necessary to address the propriety of the trial court's underlying order. The forum selection clause was enforceable because (1) the contract's physical characteristics reasonably communicated the forum-selection clause's existence, and (2) undisputed facts showed the passenger had an adequate chance to read the contract. She did not dispute that she had a reasonable time to read the contract, so undisputed facts showed she had a chance to become meaningfully informed of the contract's terms. While the cost of litigating her claim in the designated forum might deter her from bringing suit there, it did not bar her claim or satisfy the high burden required to void a forum-selection clause. It did not impose an unreasonable burden by mandating litigation in a "remote alien forum," so it bound the passenger.
OUTCOME: The first certified question was answered in the affirmative, and the matter was remanded to the trial court.
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