Thermochem Incorporated vs.

Leonora Naval & CA

FACTS: Eduardo Eden, then driving a taxi, parked alongside Ortigas Avenue
to unload a passenger. Thereafter, he executed a U-turn to traverse the same
road, going to the direction of EDSA. At this point, the Nissan Pathfinder
travelling along the same round collided with the taxi. The taxi was dragged
into the nearby tailor shop, thus causing damage to the tailor shop and
injuries to the driver.
The owner of the taxi filed a damage suit against Thermochem as owner of
the Nissan Pathfinder and as employer of their driver, Jerome Castro.
RTC found the truck driver negligent. CA affirmed.
**NOTE (CivPro stuff): The petition was initially denied for failure to submit an explanation as
to why no personal service of copies of certain pleadings was made. Thermochem filed a
motion for reconsideration, which was granted. Thereafter, respondent was ordered to file its
comment and was served with a copy granting the MR. A copy of the Resolution, granting
the MR and reinstating the case, was sent by registered mail but it was returned to the
sender. The Court resolved to consider the MR resolution as served. No comment was filed
even after a year. The Court is given discretion to determine when the filing of a comment is
necessary. Accordingly, by failure to submit a comment, the case shall be deemed submitted
for decision.

W/N the Castro was negligent YES, but his liability was mitigated because
of the contributory negligence of the taxi driver.
RATIO: It was established from the testimony of the truck driver that he was
driving at a speed of 50 km/hour because it was a downhill slop coming from
the Rosario bridge. He alleged that as he stepped on the break, it locked
causing the Nissan Pathfinder to skid to the left and consequently hit the
taxicab. The sudden malfunction of the break system is the usual excuse of
drivers involved in collisions, particularly when the road is downhill.
The malfunction or loss of brake is not a fortuitous event. A mechanically
defective vehicle should avoid the streets. The owner and the driver of the
vehicle are presumed to know the conditions of the vehicle and to take care
of it with a good father of a family. Even assuming that the loss of brakes is a
fortuitous event, it became humanized by reason of their negligence (i.e.
speeding and failing to take care of the vehicle).
However, there was also lack of foresight on the part of the taxi driver. Uturns are not generally advisable particularly on major streets. The taxi was
hit on its side, meaning that it had not yet fully made a turn to the other
lane. Thus, the sum awarded for the repair of the taxi was reduced in half
(from P47,850 to P23,925).