MRS. X
Plaintiff,
Civil Case No. _____________
-versus- FOR: Damages for Death,
Loss of Earning Capacity,
MR. Y, MR. Z, ULTRA SPEED MACHINE Moral Damages and
SHOP AND AS METAL PRODUCTS, MR. A Attorneys Fees.
Defendants.
x-----------------------------------------------------x
PRE-TRIAL BRIEF
Plaintiff is willing to amicably settle with the defendant under such terms as
acceptable to both parties.
1. That Mrs. X is the wife of Mr. H, the victim in the vehicular accident.
2. That on December 29, 2010, Mr. Z, the registered owner of the Cimarron
Jeepney, brought the said vehicle to ULTRA SPEED Machine Shop and As Metal
Products for repair and left it for the said purpose.
3. That Mr. A is the owner of the ULTRA SPEED Machine Shop and As Metal
Products. The company acknowledges responsibility for any and all incidents
that may occur to the vehicle, left by their client for repair and other services,
while the same is in the company premises and custody.
4. That Mr. Y is the driver of the ULTRA SPEED Machine Shop and As Metal
Products.
5. That on January 2, 2011, Mr. Y together with his co-workers drove the
abovementioned vehicle in going to the beach. While on their back to the
company, Mr. Y lost control of the vehicle causing it to turn turtle.
6. That Mr. H was one of the passengers therein, and as a result of the mishap, Mr.
H died.
1. Whether or not defendant Mr. Z, as the registered owner of the vehicle, is liable to
pay for the claims of plaintiff, Mrs. X.
2. Whether or not defendant Mr. A, as the employer of Mr. Y, is liable for to pay for
the claims of plaintiff, Mrs. X.
3. Whether or not defendant Mr. Y, as the driver of the vehicle at the time of the
mishap, is liable to pay for the claim by plaintiff, Mrs. X.
IV. WITNESSES
WITNESS TESTIMONY
1. Mr. B
To testify on the mishap that took place on
(One of the passengers of Mr. Y at the
January 2, 2011.
time of mishap.)
2. Mr. C
To testify on the mishap that took place on
(One of the passengers of Mr. Y at the
January 2, 2011.
time of mishap.)
4. Plaintiff reserves the right to present other witnesses not herein enumerated as
deemed necessary
V. DOCUMENTARY EXHIBITS
EXHIBITS
5. Plaintiff reserves the right to present other evidence not herein listed as may
deemed necessary
xxx The responsibility treated of in this article shall cease when the
persons herein mentioned prove that they observe all the diligence of
a good father or a family to prevent damage. xxx
(1) The defendant shall be liable for the loss of the earning capacity of
the deceased, and the indemnity shall be paid to the heirs of the latter;
such indemnity shall in every case be assessed and awarded by the
court, unless the deceased on account of permanent physical disability
not caused by the defendant, had no earning capacity at the time of his
death;
xxx (11) In any other case where the court deems it just and equitable
that attorney's fees and expenses of litigation should be recovered.
- JURISPRUDENCE
P R A Y E R
WHEREFORE, premises considered, plaintiff respectfully prays that the Pre-Trial
Brief be noted.
RESPECTFULLY SUBMITTED.
(sgd.)
ATTY.
Counsel for Plaintiff
ACOP Law Firm, Suite 704, Landco Bldg.,
Bajada St., Makati City
721-1234 | acoplaw@gmail.com
Roll No. 12345
PTR No. 12345 | 1.02.2017 | Makati City
IBP No. 12345 | 1.02.2017 | Makati City
MCLE Compliance No. 12345 | 1.02.2017
cc:
ATTY.
Counsel for the Defendant
Rm 123, EFG Bldg, ABCD St.,
Makati City
EXPLANATION AS TO SERVICE
A copy of this Pre-Trial Brief is served to the defendant via registered mail due to
lack of manpower.