PLAINTIFF’S MEMORANDUM THE CASE Plaintiff Jonna Bueno (Jonna) filed an action for damages of P500,000 against

Gloria Supermart, Inc. for the injuries suffered by her son, Ricky, for the expense, and for the emotional pain that it brought to him and Jonna. THE FACTS On May 11, 2010, at about 10 a.m., Jonna went to Gloria Supermart to buy groceries needed in their house. She was accompanied by her 5-year old son, Ricky. While Jonna was shopping for groceries a loose ball rolling along the aisle caught Ricky’s attention and went after it. He then slipped on a wet section of the aisle from a spilled syrup. Immediately, Jonna came to Ricky’s side to help him. No sign near the puddle warning customers of the danger was present although she heard someone shouted “Hoy, bata, ingat! May basa diyan!” She then asked a store clerk to help her carry Ricky so she could bring him to the hospital. Dr. Lim, an orthopedic surgeon attended Ricky. The doctor operated him to restore the position of the fractured bone. Ricky stayed overnight at the hospital for pain management and care. He was released on the following day. Defendant, Gloria Supermart, Inc., disclaims liability saying that it exercised proper diligence in making its premises safe for its customers; that the accident was something it could not reasonably anticipate and so beyond its control; that in any event Ricky and her mother contributed to Ricky slipping on the floor and suffering physical injury and pain; and that Gloria Supermart provided immediate help and assistance to Ricky and her mother. ISSUES I. PROCEDURAL ISSUE Whether the statement by someone not presented as witness warning Ricky, “Hoy, bata, ingat! May basa diyan.” admissible in evidence. II. SUBSTANTIVE ISSUES A. Whether Gloria Supermarket is liable for damages in not making its premises safe for its customers. B.

declarant’s statement shows that the floor was wet when Ricky slipped. Considering that Gloria Supermarket’s . she narrated that she heard someone shouted. SUBSTANTIVE ISSUES Gloria Supermart is negligent in not making its premises safe for its customers. ingat! May basa diyan!” before Ricky slipped. bata. Ricky slipped. unbroken by any efficient intervening cause. The declarant warned Ricky of the impending danger the wet floor may bring. There is no iota of doubt that the proximate cause of Ricky’s slipping is the wet portion on the floor. that is. Gloria failed to provide proper safeguard measures. produces the injury. COL Realty Corporation). a witness can testify only to those facts which he has personal knowledge. Immediately after the precaution.Whether Jonna is guilty of contributory negligence. “Hoy. II. there was no supermarket cleaner to clean the wet area nor there was no sign placed near the puddle or around it. Ricky would not have slipped had the puddle been cleaned by Gloria Supermart’s employees. in natural and continuous sequence. During Jonna’s testimony. As a rule. Gloria Supermart claims that such statement is hearsay. Thus. its employees were negligent As testified by Jonna. C. Whether Gloria Supermart is liable for actual and moral damages. which. and without which the result would not have occurred (Ramos v. except as otherwise provided in the Rules (Rules of Court). THE ARGUMENTS I. Res gestae statement are those made by a person while a startling occurrence is taking place or immediately prior or subsequent thereto with respect of the circumstances thereof. The statement made by the stranger is considered as part of res gestae as it was made immediately prior to Ricky’s slipping. A. One of the exceptions to the hearsay rule is the so-called res gestae statements. The declarant’s statement is admissible in evidence as part of the res gestae. The Proximate Cause of the Injury was the Syrup Spilled on the Floor Proximate cause is defined as that cause. which are derived from his own perception. The statement concerned the occurrence in question and its immediately attending circumstances. The declarant had no opportunity to contrive or devise such statement before Ricky’s slipping.

supervisor was just at the next aisle fixing the stocks. No negligence on Jonna’s part While it is true that the responsibility for looking after Ricky’s needs and safety while in the supermarket is primarily the responsibility of Jonna. These things are unavoidable since hundreds of people come to the supermarket everyday. There is no question that Ricky is a child of tender years. She was beside Ricky in their shopping and if not because of the loose ball. Under Article 2176 of the New Civil Code. Even assuming that it was Ricky who bumped the shelf. he could not be faulted under the doctrine of attractive nuisance. he should have heard the sound of an item that was knocked off. He was attracted by the loose ball rolling down the aisle. Ricky would not have bumped the shelf if not for the loose ball. even if the child is technically a trespasser in the premises (Hidalgo Enterprises v. B. No negligence on the part of Ricky The bumping off the shelf containing the syrup bottles could not have been caused by Ricky. there being fault or negligence. one who maintains on his premises dangerous instrumentalities or appliances of a character likely to attract children in play. Under the doctrine of attractive nuisance. It could have been caused by someone else. In fact. is obliged to pay for the damage done. The ball could have fallen from one of Gloria Supermarket’s shelf. It should have reasonably anticipated the happening of such events. is liable to a child of tender years who is injured thereby. The evidence presented shows that the negligence is on the part of Gloria Supermarket. Gloria Supermarket’s witness even testified that every now and then accidents and shoplifting do occur. C. he would not have been running wild down the aisle. No Contributory Negligence on the Part of Jonna and Ricky. It is quite impossible not to notice the fallen objects in such a short distance especially the one that was broken was a glass bottle. and who fails to exercise ordinary care to prevent children from playing therewith or resorting thereto. Gloria Supermarket’s employees should always be alert not only for the safety of its customers but also as to properly guard its products from thief or vandalizing. This only suggests that the spilled syrup was caused by someone else and already been there before the happening of the event. Store clerks should always be around to attend to customer’s inquiry and needs. Having known the fact that plenty of people do come to their supermart everyday. someone even told Ricky to be careful and keep off the wet portion. Thus. Jonna is entitled to actual and moral damages. whoever by act or omission causes damage to another. Gloria Supermarket should have provided the proper safeguard measures to prevent the occurrence of such events. it cannot be denied that the accident could not have happened if not for the spilled liquid on the floor. Gloria . Balandan).

8147 MCLE Compliance No. the owners and managers of an establishment are likewise responsible for damages caused by their employees. REX BELTRAN Counsel for Plaintiff PTR No. All other reliefs just and equitable under the circumstances are prayed for.000 for toys bought to distract Ricky from the pain he suffered be awarded. 589546 Roll of Attorneys No. 2) 3) Manila for Quezon City. Emil Sunga Counsel for defendant .840 for doctor’s fees. CONCLUSION Defendant Gloria Supermarket is liable for the negligent acts of its employees. Moral damages in the amount of P500. Under Article 2219 of the New Civil Code provides that moral damages may be recovered for quasi delicts causing physical injuries. hospitalization and medicine and the amount of P5. The actual or compensatory damages includes the hospitalization and medicine expenses and also for toys bought to distract Ricky from the pain that he suffered. Under the concept of vicarious liability. (Article 2180. it is respectfully prayed for that: 1) Actual damages in the amount of P22. Gloria Supermarket is liable for moral damages for the serious anxiety suffered by Jonna and her husband. 2011 ATTY. 1/17/2011 IBP No. II-843 Copy Furnished: Atty. 54815.Supermarket being negligent is liable to pay actual and moral damages. NCC) PRAYER WHEREFORE. November 27.000 be awarded for the emotional pain and sufferings brought to Jonna and her family. premises considered.

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