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FISHER v. BIG Y FOODS, INC.

No. 18406.

3 A.3d 919 (2010)

298 Conn. 414

Leo A. FISHER III v. BIG Y FOODS, INC.

Supreme Court of Connecticut.

Decided September 21, 2010.

Attorney(s) appearing for the Case

Sandra Rachel Stanfield , with whom, on the brief, was David A. Estabrook , Hartford, for the appellant (defendant).

Mark J. Migliaccio , for the appellee (plaintiff).

Jack G. Steigelfest , Hartford, and Claudia Baio , Rocky Hill , filed a brief for the Connecticut Defense Lawyers Association as amicus curiae.

James G. Geanuracos , West Hartford, filed a brief for the Stop and Shop Supermarket Company, LLC, as amicus curiae.

ROGERS, C.J., and PALMER, VERTEFEUILLE, ZARELLA and McLACHLAN, Js.

ROGERS, C.J.

This appeal requires us to decide what facts and circumstances give rise to a plaintiff's right to recover under the mode of operation rule, an exception to the traditional premises liability doctrine, which dispenses with the requirement that a plaintiff prove that a business owner had actual or constructive notice of the specific unsafe condition giving rise to the plaintiff's injury. The defendant, Big Y Foods, Inc., appeals from the judgment of the...

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