Young v. Deo Fruge Contractor, Inc.

WATSON, Judge

(dissenting).

I respectfully dissent, being of the opinion that plaintiff proved that the defective design and construction (all by defendant) caused the failure of the platform. In my opinion the trial court erred manifestly in concluding that plaintiff caused the damage or is estopped in some way from recovery. See Joyner v. Aetna Casualty & Surety Company, 259 La. 660, 251 So.2d 166 (1971) and Moreno’s, Inc. v. Lake Charles Catholic High Schools, Inc., 315 So.2d 660 (La.1975).