FISHBOWL EXERCISE:

QC ROAD MISHAP
Common Facts:

There is a conflict between Louie and Jessie. Louie is the driver of Vehicle 1 (V1). Jessie
is the driver of Vehicle 2 (V2). While maneuvering a right turn to Road 8 from Mindanao
Avenue, V2, which was at the same time also making a right turn at Road 8, collided
with V1, thereby hitting the the right rear side of V1. Road 8 is a two-way street. V2 is in
the inner lane at the corner of Mindanao Avenue and Road 8, while V1 is on the outer
lane but already ahead of V2 towards Road 8.

Louie was with his/her child who has high fever and was on his/her way to the hospital
that time. Louie has 2 children but lost his/her first child to pneumonia last year. Louie
ignored the signs of pneumonia and thought that it was only a simple fever coupled with
cough and colds. It was too late when he/she finally decided to bring his/her eldest
child to the hospital, as the child already had failing vital signs. Since then, Louie would
rush his/her only remaining child to the hospital at the slightest sign of any illness. The
cost of damage to V1 is P25,000.00 and Louie is demanding Jessie to pay said amount.
Jessie was at that time trying to catch a very important meeting that would earn
him/her P1,000,000.00 commission if he/she was able to close the deal. Jessie missed
the meeting because of the road mishap. Jessie needed the commission because his/her
spouse was diagnosed with lupus and would need extensive medical attention and
treatment. Jessie also has an outstanding housing loan of P200,000.00 that is about to
fall due in a month’s time. He could use part of his supposed commission to fully settle
the loan. The cost of damage to V2 is P10,000.00. Jessie insists that Louie should also
be liable for the transaction that he/she lost.

Louie’s contention is that Jessie is liable for the damage to his/her vehicle because
he/she had the last clear chance to avoid the collision. Jessie insists that it was Louie
who should be liable.
Louie brought the case to your office for Mediation and you are the assigned Mediator.