United States Seventh Circuit

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Tindle v. Pulte Home Corp., 09-2888

In plaintiff's suit against the builder of his new home for sustaining serious injuries when his foot and leg sank into a hole concealed underneath the sod in the backyard, district court's grant of defendant's motion for summary judgment is affirmed where: 1) summary judgment on plaintiff's vendor liability under Restatement (Second) of Torts section 353 claim was properly granted because plaintiff knew or had reason to know the condition and risk involved; and 2) plaintiff's claim also fails because he has failed to produce evidence that defendant knew or had reason to know of the dangerous condition at the time of the sale.

Appellate Information

  • Argued 01/20/2010
  • Decided 06/09/2010
  • Published 06/09/2010


  • KANNE, Circuit Judge., Before FLAUM, KANNE, and EVANS, Circuit Judges.


  • United States Seventh Circuit


  • For Appellant:
  • David J. Comeau, O'Connor & Nakos, Chicago, IL, for Plaintiff-Appellant.

  • For Appellees:
  • David F. Ryan, Kristen A. Schank, Patton & Ryan, Chicago, IL, for Defendants-Appellees.