Leo A. Fisher III v. Big Y Foods, Inc.

Summary

The court held that Connecticut's mode-of-operation exception to traditional premises liability applies only when a particular method of operating a self-service area creates a regularly occurring or inherently foreseeable hazard, not merely because a store is generally self-service. Because the plaintiff presented no evidence that packaged fruit products in the aisle were displayed or handled in a manner that made the spill regularly occurring or inherently foreseeable, he failed to establish a prima facie negligence case under the only theory tried. The court therefore reversed and directed judgment for the defendant. Palmer, J., dissenting, would have applied the exception to foreseeable hazards arising from the supermarket's general self-service operation and affirmed the jury's verdict.