Layugan v IAC

FACTS:
While Layugan and a companion was fixing a truck parked along the right
side of the highway, a cargo truck driven by Serrano bumped Layugan,
causing injury resulting to amputation. Based on the testomony of the
cargo truck driver, there was a problem in the breaks.
Layugan sued the cargo truck owner, Isidro for damages.
Isidro, in his defense, claimed that the driver of the parked truck failed to
install early warning device which was the proximate cause of the incident.
RTC ruled in favor of Layugan. But IAC reversed the decision of RTC.
ISSUE:
Whether or not Layugan, as found by iac, is the one who is negligent
(under res ipsa).
HELD:
No. It is Isidro who is negligent.
RATIO:
On res ipsa:Res ipsa posits that "where the thing which causes injury is
shown to be under the management of the defendant and the accident is
such as in the ordinary course of things does not happen if those who
have the management use proper care, it affords a reasonable evidence in
the absence of an explanation by the defendant, that the acciddent arose
from want of care." In this case, res ipsa does not apply because the cause
of injury is established, which is the bumping. In res ipsa, precisely the
cause of injury is not known and resort to this rule is necessary in the
absence of direct evidence of fact of injury.
On the liability of Isidro:He is liable because he failed to prove exercise of
diligence of a good father in supervising his driver and the mechanic. Also,
Isisdro should have checked the vehicle before allowing his driver to drive
it.
DISPOSTIVE:
Granted.

Martinez, E.

Page 1