Legal Opinion

Robert McCarty v. Menard, Inc.

Court of Appeals for the Seventh Circuit

Decided May 20, 2019No. 18-3069PublishedCited by 22 opinions

1Opinion of the Court

St. Eve, Circuit Judge.

Robert McCarty tripped over a product display sign at a Menard's home improvement store and then filed suit. The district court dismissed the case at summary judgment in favor of Menard. We affirm based on the open and obvious doctrine which implicates the general duty of care owed to business invitees in Illinois.

*470 I. Background

On February 13, 2017, McCarty and his employee, Tristan Parks, went to the Menard's store in Antioch, Illinois, to purchase materials for a renovation project. McCarty and Parks needed ¾ inch sheets of oriented strand board ("OSB"), which are…

2Cases cited10 opinions

  1. Skiba v. Ill. Cent. R.R. Co.Court of Appeals for the Seventh Circuit · 2018
  2. Kenneth Daugherty v. Richard HarringtonCourt of Appeals for the Seventh Circuit · 2018
  3. Bruce Giles v. Salvador GodinezCourt of Appeals for the Seventh Circuit · 2019
  4. Bucheleres v. Chicago Park DistrictIllinois Supreme Court · 1996
  5. Dunn v. Menard, Inc.Court of Appeals for the Seventh Circuit · 2018

5 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Elaine Carroll v. Carnival CorporationCourt of Appeals for the Eleventh Circuit · 2020
  2. Jason Burns v. Sherwin-Williams CompanyCourt of Appeals for the Seventh Circuit · 2023
  3. Alvarado v. Home Depot U.S.A., Inc.District Court, N.D. Illinois · 2025
  4. Chavarria v. Brothers Fleet Group, Inc.District Court, N.D. Illinois · 2022
  5. Cruz v. Costco Wholesale CorporationDistrict Court, N.D. Illinois · 2024

17 more not listed; retrieve them via the Exa API.

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