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

Summary

The court held that Connecticut's mode of operation rule does not apply merely because a store is self-service; the plaintiff must show that a particular method of operation created a hazard that occurred regularly or was inherently foreseeable. Because the plaintiff presented no evidence that the defendant's method of selling packaged fruit products created such a hazard, he failed to establish a prima facie negligence case under the only theory tried. The court therefore reversed the judgment and directed judgment for the defendant. PALMER, J., dissenting, would have applied the rule to foreseeable hazards arising from self-service operations throughout the store and affirmed the jury's verdict.