Petitioner
Dangwa Transportation Co.
Respondent
Court of Appeals
Citation
G.R. No. 95582
Court
Supreme Court
Division
Second Division
Ponente
Regalado, J.
Decided
October 7, 1991

Summary

This case involves the liability of a common carrier for the death of a passenger who was run over while boarding a bus. Pedrito Cudiamat died after being struck by a Dangwa Transportation bus on March 25, 1985, in Benguet. The trial court initially found the victim negligent, but the Court of Appeals reversed, holding the transportation company liable for failing to exercise extraordinary diligence. The Supreme Court affirmed the appellate court's decision, emphasizing that common carriers have a duty to observe extraordinary diligence for passenger safety, including during boarding. The Court found the driver negligent for prematurely accelerating while the passenger was on the platform and for failing to immediately bring the injured victim to the hospital. The case establishes important precedent regarding common carrier liability and the standard of care owed to boarding passengers, with the final award of P338,000 in damages to the victim's heirs.

Statutes applied

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By the Intellegal Editorial Board · October 7, 1991

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