Bowers v. P. Wile's, Inc.

(dissenting, with whom Spina and Lenk, JJ., join). I disagree with what I believe is an overly broad expansion of the heretofore narrowly applicable mode of operation approach to premises liability. Because the defendant’s chosen method of operation — a “gravel area” located adjacent to an outdoor self-service portico1 — does not regularly invite third-party interference in any way previously recognized by this court as an exception to traditional premises liability, and because I agree with the court that the plaintiffs claim fails under the traditional approach, ante at 38, I respectfully…