O'BANNER v. McDonald's Corp.

Reginald O’Banner brought an action in the circuit court of Cook County to recover damages for personal injuries he allegedly sustained when he slipped and fell in the bathroom of a McDonald’s restaurant. In his complaint, O’Banner named as defendants McDonald’s Corporation (McDonald’s) and certain "unknown owners.” See 735 ILCS 5/2-413 (West 1994). McDonald’s promptly moved for summary judgment on the grounds that the restaurant was actually owned by one of its franchisees and that it neither owned, operated, maintained, nor controlled the facility.

After initially denying McDonald’s motion,…