Beruflich Dokumente
Kultur Dokumente
CA
324 SCRA 147 (2000)
Huang, Janinna Alyanna L.
FACTS
FACTS
Petitioner Mallari Jr. testified that he went to the left lane of the
highway and overtook a Fiera which had stopped on the right lane.
Before he passed by the Fiera, he saw the van of respondent
BULLETIN (Felix Angeles) coming from the opposite direction.
The collision occurred after Mallari Jr. overtook the Fiera while
negotiating a curve in the highway.
FACTS
Collision:
1. The left rear portion of the passenger jeepney
The impact caused the jeepney to turn around and fall on its left
side resulting in injuries to its passengers one of whom was Israel
Reyes who eventually died due to the gravity of his injuries.
FACTS
On 16 December 1987
Claudia G. Reyes, (widow of Israel M. Reyes), filed a complaint for
damages with the Regional Trial Court of Olongapo City against
1. Alfredo Mallari Sr. and Alfredo Mallari Jr.,
2. BULLETIN, its driver Felix Angeles, and the
FACTS
The complaint alleged that the collision which resulted in the death
of Israel Reyes was caused by the fault and negligence of both
drivers of the passenger jeepney and the Bulletin Isuzu
delivery van.
FACTS
The trial court found that the proximate cause of the collision was
the negligence of Felix Angeles, driver of the Bulletin delivery
van
considering the fact that the left front portion of the delivery truck driven by
Felix Angeles hit and bumped the left rear portion of the passenger jeepney
driven by Alfredo Mallari Jr.
FACTS
Hence, the trial court ordered BULLETIN and Felix Angeles to pay
jointly and severally Claudia G. Reyes,
The trial court also ordered N.V. Netherlands Insurance Company to
indemnify Claudia G. Reyes
It also dismissed the complaint against the other defendants
Alfredo Mallari Sr. and Alfredo Mallari Jr.
ISSUE
HELD
The Court affirmed the decision of the Court of Appeals and held
that Mallari Jr. and Sr. who was responsible for the death of
Reyes.
The collision was caused by the sole negligence of petitioner
Alfredo Mallari Jr. who admitted that immediately before the
collision and after he rounded a curve on the highway,
he overtook a Fiera which had stopped on his lane and that he had
seen the van driven by Angeles before overtaking the Fiera.
HELD
This act of overtaking was in clear violation of Sec. 41, pars. (a)
and(b), of RA 4136 as amended, otherwise known as The Land
Transportation and Traffic Code.
The rule is settled that a driver abandoning his proper lane for the
purpose of overtaking another vehicle in an ordinary situation has
the duty to see to it that the road is clear and not to proceed if
he can not do so in safety.
HELD
HELD
LEGAL PRINCIPLE
FACTS
FACTS
The crane owned by the third party defendant and operated by its crane
operator Alejo Figueroa was placed alongside the vessel and one (1)
hour after the passengers of said vessel had disembarked, it started
operation by unloading the cargoes from said vessel.
Anacleto Viana who had already disembarked from said vessel
obviously remembering that some of his cargoes were still loaded in the
vessel, went back to the vessel, and it was while he was pointing to
the crew of the said vessel to the place where his cargoes were loaded
that the crane hit him, pinning him between the side of the vessel
and the crane.
FACTS
Vianas:
filed a complaint for damages against petitioner corporation (Aboitiz, for
brevity) for breach of contract of carriage.
Aboitiz:
denied responsibility contending that at the time of the accident, the vessel
was completely under the control of respondent Pioneer as the
exclusive stevedoring contractor of Aboitiz, which handled the unloading of
cargoes from the vessel of Aboitiz.
It is also averred that since the crane operator was not an employee of
Aboitiz, the latter cannot be held liable under the fellow-servant rule.
FACTS
Aboitiz:
filed a third-party complaint against Pioneer imputing liability thereto for
Anacleto Viana's death as having been allegedly caused by the
negligence of the crane operator who was an employee of Pioneer
under its exclusive control and supervision.
Pioneer:
had observed the diligence of a good father of a family both in the
selection and supervision of its employees as well as in the prevention of
damage or injury to anyone including the victim Anacleto Viana
that Anacleto Viana's gross negligence was the direct and proximate
cause of his death
ISSUE
HELD
Yes
The victim Anacleto Viana guilty of contributory negligence,
HELD
HELD
HELD
HELD
LEGAL PRINCIPLE
Thus, where a
passenger dies or is
injured, the common
carrier is presumed
to have been at
fault or to have
acted negligently.