Dunn v. Menard, Inc., No. 17-1870 (7th Cir. 2018)Annotate this Case
Dunn and his adult son, Erik, visited a Menard store to purchase rolled insulation. He was a frequent customer. After paying for 21 rolls, Dunn was told to drive an adjoining self‐service warehouse to load his purchase. Both warehouse entrances displayed signs stating, “For your safety, caution, do not cut bandings, do not open packages, do not pull, do not climb, and if you need assistance, please call.” Dunn did not observe any Menard employees in the warehouse but understood he could ask for assistance. Dunn parked his van next to vertical stacks of insulation, noticing that one stack, approximately 16 feet high, “was not straight,” “seemed too high,” and was “unstable.” Dunn told Erik to “keep an eye” on the stack but did not seek assistance. He concluded he could obtain his insulation without touching the unstable batch. Dunn instructed Erik to “be cautious” and they proceeded to load their van. The leaning stack fell. Insulation struck Dunn and forced him to the ground, allegedly injuring his shoulder. The Seventh Circuit affirmed summary judgment in favor of Menard. Menard did not owe Dunn a legal duty because the stack constituted an “open and obvious” danger and imposing such a duty would be excessively onerous under the circumstances.