Legal Opinion

Konesky v. Post Road Entertainment

Connecticut Appellate Court

Decided July 16, 2013No. AC 34617PublishedCited by 5 opinions

1Opinion of the Court

*130 Opinion

BEACH, J.

The substitute defendant Hula’s New Haven, LLC,1 appeals from the judgment of the trial court, rendered after a jury trial, awarding damages to the plaintiff, Sandra Konesky. The defendant claims that the trial court improperly construed and applied the mode of operation rule.2 We agree and, accordingly, reverse the judgment of the trial court.

The following facts, which reasonably could have been found by the jury, are relevant to the resolution of this appeal. On the evening of January 11, 2008, the plaintiff and her husband, Stanley Konesky, attended an event organized by…

2Cases cited10 opinions

  1. Curry v. BurnsSupreme Court of Connecticut · 1993
  2. Wollerman v. Grand Union Stores, Inc.Supreme Court of New Jersey · 1966
  3. Jasko v. F. W. Woolworth Co.Supreme Court of Colorado · 1972
  4. Chiara v. Fry's Food Stores of Arizona, Inc.Arizona Supreme Court · 1987
  5. Kelly v. Stop & Shop, Inc.Supreme Court of Connecticut · 2007

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3Cited by5 opinions

  1. Sarkisian v. Concept Restaurants, Inc.Massachusetts Supreme Judicial Court · 2015
  2. R.I. Pools, Inc. v. Paramount Concrete, Inc.Connecticut Appellate Court · 2014
  3. Porto v. Petco Animal Supplies Stores, Inc.Connecticut Appellate Court · 2016
  4. Hill v. OSJ of Bloomfield, LLCConnecticut Appellate Court · 2020
  5. Raheb v. Delaware North Companies, Inc. - BostonCourt of Appeals for the First Circuit · 2024

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