O'BANNER v. McDONALD'S CORP.

No. 79547.

670 N.E.2d 632 (1996)

173 Ill.2d 208

218 Ill.Dec. 910

Reginald O'BANNER, Appellee, v. McDONALD'S CORPORATION et al. (McDonald's Corporation, Appellant).

Supreme Court of Illinois.

Rehearing Denied September 30, 1996.


Attorney(s) appearing for the Case

Roderick A. Palmore, Sonnenschein, Nath & Rosenthal, Chicago, for appellant.

Todd Harold Fox, Kurasch & Stone, Ltd., Chicago, for appellee.

Judge & James, Ltd., Park Ridge (Jay S. Judge, Gregory R. James, Jr., S.A. Genson and Gary A. Lynn, of counsel), for amicus curiae Illinois Association of Defense Trial Counsel.

Carmen Saginario, Jr., Capehart & Scatchard, P.A., Trenton, New Jersey, for amicus curiae Burger King Corp.

Roland K. Filippi, Chicago, for amicus curiae Amoco Oil Co.

Power, Rogers & Smith, P.C., Chicago (Devon C. Bruce, of counsel), for amicus curiae Illinois Trial Lawyers Association.


Justice HARRISON delivered the opinion of the court:

Reginald O'Banner brought an action in the circuit court of Cook County to recover damages for personal injuries he allegedly sustained when he slipped and fell in the bathroom of a McDonald's restaurant. In his complaint, O'Banner named as defendants McDonald's Corporation (McDonald's) and certain "unknown owners." See 735 ILCS 5/2-413 (West 1994). McDonald's promptly moved for summary judgment on the grounds that...

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