Konesky v. Post Road Entertainment

Gregory A Allen

Case Conclusion Date:September 25, 2013

Practice Area:Litigation

Outcome:Plaintiff's Appeal to the Supreme Court Denied

Description:On July 5, 2013, the Appellate Court reversed a jury verdict in Konesky v. Post Road Entertainment holding that the trial court improperly applied the mode of operation doctrine to the case. The trial court held that the service of beer from a tub chilled with ice was an inherently dangerous mode of operation justifying a jury instruction on the doctrine. In overturning the verdict, the Appellate Court held that the service of cold beer, whether from a tub or cooler, is a necessary aspect of running a nightclub and therefore the Mode of Operation doctrine should not apply. This decision was significant given that the trial courts have been leaning toward an ever broadening application of the mode of operation rule. The Plaintiff filed a petition for certification to the Supreme Court to appeal the Appellate Court's decision overturning the jury verdict. The petition was denied on September 25, 2013. The Supreme Court's decision not to hear the case leaves in place the Appellate Court's decision holding that the Mode of Operation Doctrine does not apply in these situations with regard to bars and nightclubs.

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