O'Banner v. McDonald's Corp.

670 N.E.2d 632 (1996)

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O'Banner v. McDonald’s Corp.

Supreme Court of Illinois
670 N.E.2d 632 (1996)

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Facts

O’Banner (plaintiff) entered a McDonald’s restaurant and used the restroom inside. O’Banner slipped and fell while in the restroom, causing him injuries. O’Banner brought a negligence claim against McDonald’s and the owners of the restaurant. McDonald’s moved for summary judgment, alleging that a franchisee owned the restaurant, and that McDonald’s could not be vicariously liable under an agency theory. The trial court agreed and granted the motion for summary judgment. The appellate court reversed the trial court’s ruling, finding that while no agency relationship existed, McDonald’s could be vicariously liable under the doctrine of apparent agency.

Rule of Law

Issue

Holding and Reasoning (Harrison, J.)

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