Court agrees mode of operations does not apply in retail liability case

We were successful on a motion for summary judgment, thereby barring the application of the mode of operations in a slip and fall case where an alleged partially eaten sandwich was found in the aisle of the retailer. ​The facts indicated that the sandwich came from a fast-food sandwich shop within the premises and was dropped by an unidentified customer, who took the item to go and dropped it in the aisle before the plaintiff fell. The court ruled that the mode of operations did not apply because the aisle, which contained greeting cards and the like, and did not create an extension of the cafeteria within the retailer’s premises. Further, the court ruled there was no nexus to any self-serve component of the fast food restaurant’s business to the area in the retailer’s store proper where the accident occurred.