Legal Opinion

Robert McCarty v. Menard, Inc.

Court of Appeals for the Seventh Circuit

Decided May 20, 2019No. 18-3069PublishedCited by 2 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.

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 cited9 opinions

  1. Skiba v. Ill. Cent. R.R. Co.Court of Appeals for the Seventh Circuit · 2018
  2. Bruce Giles v. Salvador GodinezCourt of Appeals for the Seventh Circuit · 2019
  3. Bucheleres v. Chicago Park DistrictIllinois Supreme Court · 1996
  4. Dunn v. Menard, Inc.Court of Appeals for the Seventh Circuit · 2018
  5. Kristen Zuppardi v. Wal-Mart Stores, IncorporatedCourt of Appeals for the Seventh Circuit · 2014

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3Cited by2 opinions

  1. Sopala v. Menard, Inc.District Court, N.D. Illinois · 2020
  2. Taylor v. SaulDistrict Court, N.D. Illinois · 2020

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