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TINDLE v. PULTE HOME CORP.

No. 09-2888.

607 F.3d 494 (2010)

Terry TINDLE, Plaintiff-Appellant, v. PULTE HOME CORPORATION, a Corporation, and Pulte Home Corporation, Illinois Division, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 9, 2010.

Attorney(s) appearing for the Case

David J. Comeau (argued), O'Connor & Nakos, Chicago, IL, for Plaintiff-Appellant.

David F. Ryan, Kristen A. Schank (argued), Patton & Ryan, Chicago, IL, for Defendants-Appellees.

Before FLAUM, KANNE, and EVANS, Circuit Judges.

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...

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