Fisher v. Big Y Foods, Inc.

Opinion

ROGERS, C. J.

This appeal requires us to decide what facts and circumstances give rise to a plaintiffs 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 *416of the specific unsafe condition giving rise to the plaintiffs injury. The defendant, Big Y Foods, Inc., appeals from the judgment of the trial court, rendered after a jury trial, awarding damages to the plaintiff, Leo A. Fisher III, for injuries he sustained…