Missouri Court of Appeals, Eastern District / Oct 15, 2019
Jose Rabago, et al., Appellants, v. Kansas City Southern, Inc., et al., Respondents.
Jose Rabago and other Appellants sued Kansas City Southern, Inc., and its subsidiaries for negligence and wrongful death following a train-bus collision in Mexico. The trial court dismissed the case based on the doctrine of forum non conveniens, finding Missouri an inconvenient forum and Mexico an available alternative. The appellate court reversed and remanded, agreeing that Missouri was an inconvenient forum but holding that the trial court abused its discretion by finding Mexico an available forum without ensuring Defendants would waive the statute of limitations defense for all Appellants.