"Darren New" <dne### [at] sanrrcom> wrote in message
news:4a5b5a65$1@news.povray.org...
> Tom Austin wrote:

> > the barriers were not sufficient enough to keep someone out of the hole
> >  that was that dumb.

>  From other reports I've read, there were no barriers or cones at all.
They
> just opened the manhole cover and then went somewhere else without putting
> up any notice.

Then, yes, regardless of stupidity of the victim in the particular set of
events, she'll win the lawsuit. As is often the case, it takes multiple
failures for something like this to happen, but one failure does not
normally void another in the eyes of the law. It could have easily been a
toddler, a handicapped person (I guess that could be argued of this person
who was texting), elderly... etc.

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