Hebert v. Town of Ville Platte

I am not convinced that res ipsa loquitur applies under the facts of this case. However, I concur in holding that the Town of Ville Platte is liable to plaintiff. It is my opinion that liability should be imposed under LSA-C.C. 2317 as interpreted by Loescher v. Parr, 324 So.2d 441 (La.1975).

Admittedly, no one was able to discover a vice or defect in the manhole cover or manhole system. That is to say, no vice or defect in the specific sense was discovered. However, it is an undeniable fact that, for some unexplained reason, the cover came up and engaged the underneath parts of the…