Torts Keyed to Dobbs
O’Banner v. McDonald’s Corp
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiff slipped and fell at a McDonald’s restaurant and brought a personal injury action against the company, and unknown others”, seeking damages. Defendant moved for summary judgment, maintaining that the restaurant was actually owned by a franchisee, thus, it neither owned, operated, maintained, or controlled the restaurant. Accepting that argument, the Circuit Court for Cook County, Illinois entered summary judgment on behalf of Defendant. Plaintiff appealed, arguing 1) that McDonald’s should be liable as the franchisee served as McDonald’s actual agent; or 2) the corporation’s vicarious liability under the doctrine of apparent agency. The appellate court rejected the first argument, but concluded that there were issues of material fact with respect to the second. The appellate court reversed and remanded. The issue came before the Supreme Court of Illinois.
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