Dubois v. El Do Corp.

The majority opinion in effect holds that the plaintiff in a redhibition action may not establish his case by lay testimony. Inasmuch as I believe the buyer established a prima facie case by showing normal use in the intended manner, thereby precluding a directed verdict, I respectfully dissent.

Preliminarily, whether the plaintiff was to prevail on the merits after full adjudication whereat the defense could produce expert testimony concerning the fitness of their fiberglass hull is of no moment when addressing the propriety of a directed verdict under the circumstances herein. It suffices…