LBC Air Cargo, Inc., et. al. vs. CA

LBC Air Cargo, Inc., et. al. vs. CA
G.R. No. 101683. 23 February 1995.
Petition for review of a decision of the CA reversing that of the RTC and holding LBC and Tano liable.
Vitug, J.:

Facts: At about 11:30 am of 15 Nov 1987, Rogelio Monterola was traveling on board his Suzuki motorcycle towards Mangaggoy on the right lane along a dusty road in Bislig, Surigao del Sur. At about the same time, a cargo van of LBC, driven by petitioner herein, Tano, Jr., was coming from the opposite direction on its way to Bislig Airport. When Tano was approaching the airport entrance on his left, he saw two vehicles racing against each other from the opposite direction. Tano stopped the van and waited for the 2 vehicles to pass by. The dust made the visibility extremely bad. Instead of waiting Tano started to make a sharp left turn and when he was about to reach the center of the right lane, the motorcycle driven by Monterola suddenly emerged from the dust and smashed head-on against the LBC van. Monterola died.

Issue:WON the negligence of Monterola is the proximate cause of the accident.

Ruling: The proximate cause of the accident was the negligence of petitioner Tano, who, despite poor visibility, hastily executed a left turn w/o waiting for the dust to settle.
Petitioners poorly invoke the doctrine of "last clear chance." In the instant case, the victim was travelling along the lane where he was rightl supposd to be. The incident occured in an instant. No apreciable time had elapsed that could have afforded the victim a last clear opportunity to avoid the collision. However, the deceased was contributorily negligent in evidently speeding.
The SC agrees w the CA that there was contributory negligence on the victim's part that warrants a mitigation of petitioner's liability for damages.

*Dan'q