George Mckee v. Intermediate Appellate Court

Summary

This case involves civil liability arising from a vehicular accident where a cargo truck collided with a car, resulting in three deaths and multiple injuries. The Supreme Court reversed the trial court's dismissal of the damage claims, finding that the truck driver's negligence was the proximate cause of the accident. While the car driver swerved into the truck's lane to avoid hitting two boys who suddenly appeared on the road, this was not negligent but a reasonable response to an emergency. The truck driver's failure to heed warning signals and slow down constituted the proximate cause. The Court applied the doctrine of last clear chance and held the truck owners vicariously liable under Article 2180 of the Civil Code, as they failed to prove exercise of diligence in employee selection and supervision. The decision reinforced principles of quasi-delict liability and the independence of civil actions from criminal proceedings.