Terry Tindle v. Pulte Home Corp.
Court of Appeals for the Seventh Circuit
1Opinion of the Court
KANNE, Circuit Judge.
Terry Tindle suffered serious injuries when his foot and leg sank into a hole concealed underneath the sod in the backyard of his new home. That new home was built by Pulte Home Corporation. Tindle sued, and Pulte moved for summary judgment, arguing that Tindle failed to establish a triable issue on each of the five required elements for vendor liability under Restatement (Second) of Torts § 353 (1965). The district court granted Pulte’s motion, and we affirm.
I. Background
The facts are relatively undisputed. Pulte Home Corporation purchased land in West Dundee, Illinois,…
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