Linnear v. Centerpoint Energy Entex/Reliant Energy

DISSENT FROM THE DENIAL OF REHEARING

GALLAGHER, J.,

ad hoc, and GONZALES, J., ad hoc, dissenting.

| .With all due deference to the opinion of the majority, we respectfully dissent from the denial of rehearing for the reasons that follow.

The majority opinion makes a monumental change in Louisiana tort law by applying the concept of res ipsa loquitur to an ordinary negligence case. The practical effect of the methodology employed in the majority opinion would be to require a trial court to give a res ipsa loquitur *16charge any time jurors could have .a reasonable disagreement as to any fact issue.…