DY TEBAN VS.

LIBERTY FOREST
G.R No. 161803
February 4, 2008

FACTS:

A Prime Mover Trailer suffered a tire blow out during the night of its travel at a national
highway. The trailer was owned by the respondent Liberty Forest. The driver allegedly put earl
warning devices but the only evidence being witnessed was a banana trunks and candles. Since
the car was placed at the right wing of the road, thus it cause the swerving of a Nissan van owned
by the petitioner when a passenger bus was coming in between the trailer. The Nissan van owner
claimed for damages against the respondent. The trial court found that the proximate cause of the
three –way accident is the negligence and carelessness of driver of the respondent . However
reversed the decision of the trial court.

ISSUE:
Whether there was negligence on the part of the respondent.

RULING:

Yes. There was negligence on the part of the respondent when the latter failed to put and
used an early warning device because it was found out that there was no early warning device
being prescribed by law that was used by the driver in order to warn incoming vehicle.
Furthermore, the proximate cause of the accident was due to the position of the trailer where it
covered a cemented part of the road, thus confused and made trick way for other vehicles to pass
by. Thus the respondent is declared liable due to violation of road rules and regulations.