Case Digest (G.R. No. 206184)
Facts:
On September 17, 2000, Petitioners spouses Ed Dante Latonio and Mary Ann Latonio and their eight-month-old son Ed Christian attended a birthday party at McDonald’s Restaurant, Ayala Center, Cebu City where respondent Tyke Philip Lomibao performed inside the "Birdie" mascot suit; the child fell headfirst from a chair after Mary Ann released her hold. The Regional Trial Court rendered judgment on March 3, 2009 finding Lomibao and Cebu Golden Foods, Inc. solidarily liable and dismissing McGeorge Food Industries, Inc.; the Court of Appeals reversed on September 28, 2012, dismissed the case for lack of merit, and the petitioners sought review to the Supreme Court.Issues:
- Did the Court of Appeals err in ruling that the proximate cause of Ed Christian’s fall was the negligence of Mary Ann Latonio?
Ruling:
The Supreme Court affirmed the Court of Appeals’ Decision dated September 28, 2012 and Resolution Case Digest (G.R. No. 206184)
Facts:
- Parties and capacities
- Spouses Ed Dante Latonio and Mary Ann Latonio and the Minor Ed Christian Latonio (petitioners) were plaintiffs below.
- McGeorge Food Industries Inc., Cebu Golden Foods Industries, Inc., and Tyke Philip Lomibao (respondents) were defendants below; Tyke Philip Lomibao was an employee of Cebu Golden Foods Industries, Inc.; Cebu Golden Foods Industries, Inc. was the licensee of McGeorge for the McDonald’s restaurant operation.
- Incident and immediate aftermath
- On September 17, 2000, petitioners brought their eight-month-old child, Ed Christian, to a birthday party at the McDonald’s Restaurant, Ayala Center, Cebu City.
- As part of the birthday package, McDonald’s presented two mascots, “Birdie” and “Grimace,” to entertain guests; respondent Tyke Philip Lomibao was inside the “Birdie” mascot suit.
- Intending to have the child photographed, Mary Ann placed Ed Christian on a chair in front of the “Birdie” mascot, which positioned itself behind the child and extended its “wings” for a pose.
- As photos were about to be taken, Mary Ann released her hold of Ed Christian, and seconds later the child fell head-first from the chair onto the floor.
- Several guests attended to the child; employees of Cebu Golden Food assisted petitioners in first aid and provided assurances of medical assistance.
- Medical treatment and communications
- Petitioners obtained x-ray and later CT-scan examinations; Cebu Golden Food assured it would shoulder x-ray expenses; McDonald’s reimbursed x-ray expenses and offered to pay for the CT scan.
- McGeorge’s Field Service Director and counsel met petitioners and their lawyers and arranged for neurologist consultation; neurosurgeons recommended studying x-ray and CT results first.
- Petitioners initially agreed to provide copies of x-ray and CT results but later refused and instead sent a Letter demanding compensation of Fifteen Million Pesos (P15,000,000.00).
- Litigation and publicity
- Petitioners caused publication of the accident in Sun Star Cebu on February 8, 2001, with headline “Food outlet sued for P9 M damages.”
- Petitioners instituted a complaint for damages and attorney’s fees against McGeorge and others in Civil Case No. CEB-26126, RTC, Branch 22, Cebu City.
- Trial court disposition
- On March 3, 2009, the Regional Trial Court rendered judgment in favor of the plaintiffs and against defendants Tyke Philip Lomibao and Cebu Golden Foods, Inc., finding Lomibao negligent and declaring Cebu Golden Foods...(Subscriber-Only)
Issues:
- Primary issue presented to the Supreme Court
- Whether the Court of Appeals erred in ruling that the proximate cause of Ed Christian’s fall was the negligence of Mary Ann Latonio.
- Subsidiary legal questions implicated by the pleadings and rulings below
- Whether respondents Cebu Golden Foods and Tyke Philip Lomibao were negligent and thus liable under Art. 2176 and Art. 2180 of th...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)