Halloran & Sage attorney Kevin Greene recently obtained a summary judgment on behalf of a popular national chain big box retailer in federal court. Judge Dorsey granted their motion for summary judgment concluding the plaintiff’s “mode of operation” theory of liability did not apply to the facts of the case where the plaintiff allegedly slipped and fell on candy located in a main aisle of the store. The decision is illustrative of how many courts appear to be limiting the scope of the 2007 Connecticut Supreme Court decision in Kelly v. Stop & Shop which first recognized a mode of operation theory of liability for retail stores under Connecticut law. For more information about this decision or retail premises liability law, please contact Kevin Greene.