Thermochem Inc. vs. Naval

Thermochem Inc. vs. Naval. Gr. No.131541. 20 Oct 2000

Ponente: Ynares-Santiago

Facts: On May 10, 1992, at around 12:00 o'clock midnight, Eduardo Edem was driving a "Luring Taxi" along Ortigas Avenue, near Rosario, Pasig, going towards Cainta. Prior to the collision, the taxicab was parked along the right side of Ortigas Avenue, not far from the Rosario Bridge, to unload a passenger. Thereafter, the driver executed a U-turn to traverse the same road, going to the direction of EDSA. At this point, the Nissan Pathfinder traveling along the same road going to the direction of Cainta collided with the taxicab. The taxicab was then dragged into the nearby Question Tailoring Shop, thus, causing damage to the said tailoring shop, and its driver, Eduardo Eden, sustained injuries as a result of the incident. Private respondent, as owner of the taxi, filed a damage suit against petitioner, Thermochem Incorporated, as the owner of the Nissan Pathfinder, and its driver, petitioner Jerome Castro. After trial, the lower court adjudged petitioner Castro negligent and ordered petitioners, jointly and severally, to pay private respondent actual, compensatory and exemplary damages plus attorney's fees and costs of suit.

Issue: Whether or not Castro was Negligent.

Ruling: Decision modified. Award is reduced in half, considering the contributory negligence of the driver of private respondent's taxi.
The Supreme Court held that the driver of the oncoming Nissan Pathfinder vehicle was liable and the driver of the U-turning taxicab was contributorily liable. Contrary to petitioners' contention, the fact that a party had no opportunity to avoid the collision is of his own making and this should not relieve him of liability. The driver of the taxi is contributorily liable. U-turns are not generally advisable particularly on major streets. The taxi was hit on its side which means that it had not yet fully made a turn to the other lane. The driver of the taxi ought to have known that vehicles coming from the Rosario bridge are on a downhill slope. Obviously, there was lack of foresight on his part, making him contributorily liable. Most public utility drivers disregard signs and traffic rules especially during the night when traffic enforcers manning the streets disappear with the light. In driving vehicles, the primary concern should be the safety not only of the driver or his passengers, but also his fellow motorists.