Elcano vs Hill
Cinco vs Canonoy
Baksh vs CA
Dulay vs CA
Garcia vs Florido
Andamo vs IAC
Loadmasters
Brokerage
vs
Glodel
Padilla vs CA
Cruz vs CA
taking
into
consideration
his
employment or occupation, degree of
intelligence, physical condition, and
other
circumstances
regarding
persons, time and place.
WON has committed an "inexcusable
lack of precaution" in the treatment of
his patient is to be determined
according to the standard of care
observed by other members of the
profession in good standing under
similar circumstances bearing in mind
the advanced state of the profession
at the time of treatment or the present
state of medical science.
In
litigations
involving
medical
negligence, the plaintiff has the
burden of establishing appellant's
negligence and for a reasonable
conclusion of negligence, there must
be proof of breach of duty on the part
of the surgeon as well as a causal
connection of such breach and the
resulting death of his patient.
People vs Ligon
has
not
been
proved
beyond
reasonable doubt does not necessarily
exempt him from civil liability for the
same act or omission
acted
under
the
circumstances
disclosed by the evidence. This care
has been defined to be, not the care
which may or should be used by the
prudent man generally, but the care
which a man of ordinary prudence
would
use
under
similar
circumstances, to avoid injury."
It is the Courts conclusion that the
conduct of the plaintiff in undertaking
to alight while the train was yet
slightly
under
way
was
not
characterized by imprudence and that
therefore he was not guilty of
contributory negligence.
Fores vs Miranda
that
entitles
the
spouse,
descendants and ascendants of the
deceased passenger to "demand
moral damages for mental anguish
by reason of the death of the
deceased"
The
difference
in
conditions,
defenses and proof, as well as the
codal concept of quasi-delict as
essentially
extra
contractual
negligence, compel us to differentiate
between action ex contractu, and
actions quasi ex delicto, and prevent
us from viewing the action for breach
of
contract
as
simultaneously
embodying an action on tort.
Fareast Bank vs CA
Air France vs CA
Basahin mon a lang, haba e
PSBA vs CA
Syquia vs CA
CALALAS VS MENDOZA
PNB vs FF Cruz