Legal Opinion

Terry Tindle v. Pulte Home Corp.

Court of Appeals for the Seventh Circuit

Decided June 9, 2010No. 09-2888PublishedCited by 21 opinions

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,…

2Cases cited9 opinions

  1. Gunville v. WalkerCourt of Appeals for the Seventh Circuit · 2009
  2. Phillip F. Winskunas v. James G. Birnbaum and Wisconsin Lawyers Mutual Insurance CompanyCourt of Appeals for the Seventh Circuit · 1994
  3. Heider v. Leewards Creative Crafts, Inc.Appellate Court of Illinois · 1993
  4. Sparling v. Peabody Coal CompanyIllinois Supreme Court · 1974
  5. Anderson v. Cosmopolitan National BankIllinois Supreme Court · 1973

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

3Cited by21 opinions

  1. Jeffrey Sorensen v. WD-40 CompanyCourt of Appeals for the Seventh Circuit · 2015
  2. Weber v. Universities Research Ass'n, Inc.Court of Appeals for the Seventh Circuit · 2010
  3. Van Antwerp v. City of Peoria, Ill.Court of Appeals for the Seventh Circuit · 2010
  4. Hill v. PotterCourt of Appeals for the Seventh Circuit · 2010
  5. Carleton Harris v. Allen County Board of CommissCourt of Appeals for the Seventh Circuit · 2018

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

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