Morris

This case presents an unusual forum non conveniens situation in which the decedent is alleged to have suffered some injury from exposure to chemicals in California, the forum selected by Texas plaintiffs, but subsequently experienced exposure to chemicals for almost two decades in Texas, the forum preferred by defendants.

Glenn Richard Morris died of leukemia in the State of Texas in February 2003. Plaintiffs are his widow and two minor children, who are Texas residents. Plaintiffs filed a California survival and wrongful death action against defendants, alleging that Mr. Morris (decedent) contracted leukemia from exposure to toxic chemicals manufactured by defendants which he used in his employment in printing shops. Most of decedent’s employment, and all of his medical treatment, occurred in the State of Texas.

Defendants moved to stay or dismiss the action on the ground of forum non conveniens, arguing that the action should be tried in Texas. The trial court denied the motion to dismiss, but granted the motion to stay, finding that California was an inconvenient forum. Plaintiffs contend the trial court erred. We disagree and affirm because Texas is a suitable…