G.R. No.

L-65295 March 10, 1987

PHOENIX CONSTRUCTION, INC. and ARMANDO U. CARBONEL

vs.
THE INTERMEDIATE APPELLATE COURT and LEONARDO DIONISIO

FACTS:

In the early morning of 15 November 1975 — at about 1:30 a.m. — private respondent Leonardo Dionisio was on
his way home dinner meeting with his boss. During the meeting, Dionisio had taken "a shot or two" of liquor.He
was proceeding down General Luna Street when he saw a Ford dump truck parked askew, partly blocking the way
of oncoming traffic, with no lights or early warning devices. The truck was driven earlier by Armando Carbonel, a
regular driver of the petitioner company. Dionisio tried to swerve his car but it was too late. He suffered some
physical injuries and nervous breakdown. Dionisio filed an action for damages against Carbonel and Phoenix
Corporation. Petitioners countered that the accident happened due to respondent’s own negligence. The trial
court and the Court of Appeals ruled in favor of the private respondent.

ISSUE:

Whether or not petitioners are liable to Dionisio.

HELD:

Yes. Private respondent Dionisio's negligence was "only contributory," that the "immediate and proximate cause"
of the injury remained the truck driver's "lack of due care" and that consequently respondent Dionisio may recover
damages though such damages are subject to mitigation by the courts.