Case Digest (G.R. No. 182356)
Facts:
Dra. Leila A. dela Llana v. Rebecca Biong, G.R. No. 182356, December 04, 2013, Supreme Court Second Division, Brion, J., writing for the Court.
On March 30, 2000, at about 11:00 p.m., Juan dela Llana was driving a 1997 Toyota Corolla along North Avenue, Quezon City, with his sister Dra. Leila A. dela Llana in the front passenger seat. A dump truck loaded with gravel and sand suddenly rammed the car from the rear, violently pushing it forward; the car’s rear end collapsed and the rear windshield shattered, sending glass splinters that pierced Dra. dela Llana. The traffic investigation identified the truck driver as Joel Primero and characterized his driving as recklessly imprudent; Joel later disclosed that his employer was Rebecca Biong, doing business under the name and style of Pongkay Trading.
In the weeks following the collision Dra. dela Llana developed progressive pain on the left side of her neck and shoulder that worsened until she lost mobility of her left arm. After three months of physical therapy, she consulted specialists and underwent cervical spine surgery on October 19, 2000 (between C5 and C6) performed by Dr. Eric Flores, which relieved nerve impingement but she claimed remained incapacitated for practice since June 2000. She demanded compensation from Rebecca on October 16, 2000; upon refusal, she filed suit for damages on May 8, 2001 in the Regional Trial Court (RTC) of Quezon City seeking medical expenses, income loss, actual, moral and exemplary damages, and attorneys’ fees.
At trial Dra. dela Llana testified as an ordinary witness; Joel testified as hostile. Dra. dela Llana offered photographs of the damaged car and a medical certificate dated November 20, 2000 (Exhibit H) issued by Dr. Rosalinda Milla stating she suffered a whiplash injury. Rebecca defended, contesting causation between the accident and the injury, asserting that symptoms manifested only after an interval, and presented testimony about her diligence in hiring/supervising Joel and about mechanical causes (a damaged compressor) that could explain the crash.
The RTC found Joel’s reckless driving to be the proximate cause of Dra. dela Llana’s whiplash injury, declared Rebecca vicariously liable for failing to exercise the diligence of a good father of a family in selecting and supervising Joel, and awarded P570,000.00 actual damages, P250,000.00 moral damages, and costs. The Court of Appeals (CA), in a decision dated February 11, 2008 (and resolution March 31, 2008), reversed: it held Dra. dela Llana failed to prove a reasonable causal connection between the collision and her whiplash injury by preponderance of evidence, deeming the interval between accident and symptoms significant, rejecting judicial notice that vehicular accidents necessarily cause whiplash, and giving no weight to the medical certificate for lack of explanation and expert testimony; it cited ...(Pro-only)
Issues:
- Did the petitioner prove, by preponderance of evidence, that Joel Primero’s reckless driving was the proximate cause of Dra. Leila A. dela Llana’s whiplash i...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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