Thursday, November 13, 2008

Lucia Europa v Hunter Garments manufacturing (PHIL) Inc.

LUCIA EUROPA VS HUNTER GARMENTS MFG. PHIL. INC. (HUNTER)
G.R. No. 72827. 18 July 1989.


Ponente: Paras, J.:

Facts: In 1973, petitioner’s daughter, Lucrecia Europa, was employed as sample maker by the private respondent (Hunter). Sometime in the course of her employment, Lucrecia got electrocuted by the high speed sewing machine which was assigned to her by Hunter.
On 18 July 1980, petitioner filed an action for damages against Hunter based on quasi-delict. The Lower Court (LC) found for petitioner.

Issue: WON there was gross negligence on the part of private respondent as expressed in the judgment of the LC.

Ruling: Yes. Indemnity for death increased to P30,000.
The SC held that in actions based on quasi-delicts, as in this case, all damages for natural and probable consequences of the act/omission complained of are recoverable (Art. 2202 NCC).
As found by the LC, there were at least two incidents where high speed sewing machines of defendant corporation were grounded. These were brought to the attention of the management of Hunter but nothing was done. The autopsy conducted by Dr. Salvador confirmed that Lucrecia died from “shock probably secondary to electrocution.” The SC reiterated the LC and held that if the machines were frequently and regularly checked or properly maintained, the death of Lucrecia could not have come to pass.

*Daniq*

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