Facts: The case arose from a vehicular collision involving petitioner's Tuyota Corolla and a hino diesel truck registered under the names of private respondents, FNCB Finance Corp, and Holiday Hills stock and Breeding Farm Corp. The collision seriously injured petitioner and totally wrecked hs car. A complaint for damages was instituted against the registered owners of the truck, the truck driver, the beneficial owners of the truck and the truck insurer, Western Guaranty Corp.In 1987, petitioner and insurer entered into a compromise agreement, hence the complaint was dismissed against the insurer. Later, private respondents moved to dismiss the case against all defendants contending that since they are all indispensable parties, the dismissal of the case against the insurer must result in the dismissal of the suit against all of them.
Issue: WON all of the defendants were indispensable parties.
Ruling: Petition granted.
Ratio: It is true that all of the petitioners' claims are premised on the wrong committed by the defendant truck driver. Concededly, the truck driver is an indispensable party to the suit. The other defendants cannot be as indispensable parties, they are merely proper parties to the case.
Thus, if petitioners did not sue Western Guaranty Corp, the omission would not cause the dismissal of the suit against the other defendants. Even without the insurer, the trial court would not lose its competency to act completely and validly on the damage suit.
*Mia
No comments:
Post a Comment