When an unexpected accident occurs, it can be difficult to pinpoint exactly who is responsible for the injury. In the absence of direct evidence of a violation of a duty, the existence of multiple possible parties who might be responsible can preclude recovery.
Mr. Baraki Tsegaye (the Plaintiff) filed a lawsuit against the City of New Orleans and Royal Engineers & Consultants, LLC (the Defendants) for negligence because of an injury suffered by the Plaintiff. When Plaintiff was outside the W Hotel on Poydras Street, New Orleans, a light pole owned by the City of New Orleans fell on him, thereby resulting in grievous injuries to his arm and other limbs. In response, the defendant Royal Engineers & Consultants, LLC filed a motion for summary judgement to dismiss the case against him on the basis that the alleged negligence was not directly caused by the Defendant. The Plaintiff urged the Civil District Court, Orleans Parish (the trial court) to dismiss the motion for summary judgment filed by the Defendants to the original petition applying the principle of res ipsa loquitor.
What then is the doctrine of res ipsa loquitor? It simply is a Latin phrase referring to circumstantial evidence that the negligence of the Defendant is the probable cause of the injury suffered by the Plaintiff in the absence of other evidences to the contrary in the case. See Montgomery v. Opelousas Gen Hospital, 540 So. 2d 312, 319 (La. 1989). The trial court refused to consider the doctrine of res ipsa loquitor and granted a partial summary judgement in favor of Royal Engineers & Consultants, LLC.