Sunday, November 10, 2013

O’Banner v. McDonald’s Corp. case brief

O’Banner v. McDonald’s Corp. case brief summary
670 N.E.2d 632 (1996)

Appellant company challenged the decision of the appellate court (Illinois), which reversed the grant of summary judgment in favor of the company in appellee patron's action to recover damages for personal injuries he allegedly sustained when he slipped and fell in the bathroom of a restaurant.

Company 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. The court held that even if patron had properly raised the theory of apparent agency in the circuit court, summary judgment against him was nevertheless proper.

  • The court held that in order to recover on an apparent agency theory, patron had to show that he actually did rely on the apparent agency in going to the restaurant where he was allegedly injured. 
  • The court held that because the record was devoid of anything remotely suggesting that the necessary reliance was present and the appellate court was therefore wrong to reverse the circuit court's entry of summary judgment in company's favor based on the apparent agency doctrine.


The court reversed the judgment of the appellate court and affirmed the judgment of the circuit court and remanded to the circuit court for further proceedings.

Suggested Study Aids For Tort Law

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