Baxter argues that the insurers did not overcome the presumption in favor of the plaintiff's choice of forum because the forum non conveniens factors do not strongly favor the California forum. Baxter relies on Johnson v. Spider Staging , a 1976 case that appears to be the only published Washington case reversing a trial court's dismissal of an action based on forum non conveniens. The subject matter of Spider Staging was a scaffold manufactured in Washington State and used in Kansas. The Kansas plaintiff sued the manufacturer for wrongful death on behalf of a family member who fell from the scaffold, allegedly because of its defective design. The King County Court dismissed the plaintiff's suit on the basis that Kansas would be a more convenient forum.
Respondents are Washington corporations, and all of their principal officers reside in King County.
Both of the engineers who designed the scaffold live in King County. The two principal witnesses from Kansas stated in affidavits that they willingly would appear in Washington. Also, appellant will bring the scaffold to Washington and give respondents an opportunity to examine it. The trial court therefore should not have disturbed appellant's choice of forum. Spider Staging does not compel acceptance of the plaintiff's choice of forum in this case because the facts are significantly different.