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Republic of The Philippines National Capital Judicial Region Regional Trial Court Branch 10, Makati City
Republic of The Philippines National Capital Judicial Region Regional Trial Court Branch 10, Makati City
For: DAMAGES
COMPLAINT
3. That for cause of action against the defendants, it is hereby stated that in the
afternoon of 31 March 2015, Joyce and Yna were at the 3 rd floor of ABC
Department Store, Makati City. Joyce was signing her credit card slip at the
payment and verification counter when she felt a sudden gust of wind and
heard a loud thud. She looked behind her. She then beheld her daughter YNA
on the floor, her young body pinned by the bulk of the stores gift-wrapping
counter/structure. Yna was crying and screaming for help. Although shocked,
Joyce was quick to ask the assistance of the people around in lifting the counter
and retrieving Yna from the floor;
4. Yna was quickly rushed to the Makati Medical Center where she was
operated on. The next day she her speech and thereafter communicated with
Joyce by writing on a magic slate. The injuries she sustained took their toil on
her young body. She died fourteen (14) days after the accident or on 1 April
2015, on the hospital bed. She was six years old;
5. The cause of her death was attributed to the injuries she
sustained. The provisional medical certificate (ANNEX A) issued by Ynas
attending doctor described the extent of her injuries:
Diagnoses:
1. Shock, severe, sec. to intra-abdominal injuries due to blunt injury
2. Hemorrhage, massive, intraperitoneal sec. to laceration, (L) lobe
liver
3. Rupture, stomach, anterior & posterior walls
4. Complete transection, 4th position, duodenum
5. Hematoma, extensive, retroperitoneal
6. Contusion, lungs, severe
CRITICAL
6. That the proximate cause of Ynas death was the negligence of the
defendants in failing to institute measures to have the counter permanently
nailed;
) S.S
We, JOSE GARCIA and JOYCE GARCIA, both Filipinos of legal age
residing at No. 36 Amorsolo Street, Makati City, after being sworn to in
accordance with law, deposes and says that:
1. We are the Plaintiffs in the above-entitled case;
2. The facts stated in the above complaint are true and correct to the
best of our knowledge and authentic records;
3. We have not commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency and, to the
best of my knowledge, no such other action or claim is pending in
them; and
4. If we should learn that the same or similar action or claim has been
filed or is pending after its filing, we shall report that fact within five
(5) days from notice to the court or where the complaint or initiatory
pleading has been filed.
Makati City, September 21, 2015
Jose Garcia
Joyce Garcia