A Superior Court judge granted a motion for summary judgment in favor of the defendant, pursuant to Mass. After the plaintiff slipped and fell on a grape in a grocery store owned by the defendant, Roche Brothers Supermarkets, Inc., he filed a complaint seeking damages for the injuries resulting from the defendant's alleged negligence. Charles Hambelton for Roche Brothers Supermarkets, Inc. The Supreme Judicial Court granted an application for direct appellate review. Connor, Jr., J., on a motion for summary judgment. ĬIVIL ACTION commenced in the Superior Court Department on December 26, 2003. This court announced its adoption of the "mode of operations"Īpproach to premises liability in grocery store slip and fall cases, which makes a store owner liable if the owner could reasonably foresee that a dangerous condition caused by a third party could occur, resulting from the owner's chosen mode of operation, and the owner failed to take adequate steps to forestall resulting injuries accordingly, in a civil action brought by a supermarket customer who slipped and fell on a grape, this court reversed summary judgment granted to the defendant and remanded the case to the Superior Court for further proceedings, in light of its new approach to premises liability, and the defendant having had notice of the inherent risks associated with its chosen mode of operation. Negligence, Grocery store, One owning orĭiscussions of the traditional approach to premises liability inĬases involving slips and falls in grocery stores, which required the plaintiff to prove that the defendant had actual or constructive notice of the hazardous condition that caused the plaintiff's fall, and two different modifications of the burden of proof that various jurisdictions have adopted to accommodate modern merchandising techniques. 780 DecemApNorfolk County Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & CORDY, JJ. ROCHE BROTHERS SUPERMARKETS, INC., & others. ROCHE BROTHERS SUPERMARKETS, INC., 448 Mass.
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