Eddie Cortel y Carna v. Cecile Gepaya-Lim

Summary

This case involves a vehicular accident where bus driver Eddie Cortel, employed by Yellow Bus Line, collided with a motorcycle driven by SPO3 Robert C. Lim, resulting in Lim's death. The incident occurred on October 29, 2004, in South Cotabato when both vehicles were traveling in the same direction. Lim's widow filed for damages under quasi-delict provisions of the Civil Code. The Supreme Court applied res ipsa loquitur, finding that the collision would not have occurred without Cortel's negligence. The Court held Yellow Bus Line vicariously liable for failing to prove due diligence in employee selection and supervision. The case demonstrates the application of tort liability principles in vehicular accidents and employer vicarious liability. The Supreme Court affirmed the Court of Appeals' award of P2,139,540 for loss of earning capacity, P100,000 moral damages, P50,000 death indemnity, P25,000 temperate damages for funeral expenses, and P15,000 attorney's fees, with 6% annual interest until full payment.