RETAINER RECORD January 15, 2011 File no.

001

Client: Bueno Jonna [✓]New []Old []Retainer

Address: 89 Little Baguio St., San Juan City, Metro Manila.
Office Landline: 28973546 Residence Landline: 21934766 Cellphone: 09176430286

In Re: Bueno vs. Gloria Supermarket Inc.

Court/Branch/Docket No.: Regional Trial Court of Quezon City/Branch 230/ Civil Case No. 27-
112011
Contact No. 09472550054
Adverse Party: Gloria Supermarket Inc.
Adverse Counsel: Atty. Emil Sunga

Witnesses:
Bueno Jonna; 89 Little Baguio St., San Juan City, Metro Manila; 21934766/09176430286
Dr. John D. Lim; 78-A Maria Clara St, Santa Mesa Heights, Quezon City (work);
23746948/0998313967
Nature of the Case: Civil Action for Damages

Fees: [] Monthly Retainer []Fixed at _________ [] Estimated at ___________[✓] Contingent 10%

Advances authorized up to ___________ Upon ok of _______________ Billing Date __________
Receipt for _________________ Retainer Record dispositon:
[] Partial Fee ________________ [] Original to case file
[] Deposit for expenses ________________ [] Copy for _____________
[] Include in Weekly New Case List
Remarks:
Subject Classification:
THINGS TO DO-FACTS January 15, 2011 File no. 002

No. What Assigned to Date Done

1. Submit a certification Client March 1, 2011
from Dr. Lim to the
effect that he
examined and
operated on Ricky
Bueno.
2. Submit the receipts Client March 1, 2011
showing the medical
expenses incurred on
account of the
accident
3. Visit and observe the Myself March 4, 2011
area of Gloria Super
Mart where the
accident took place.
4. Interview a Myself March 4, 2011
supervisor of Gloria
Super Mart on how
the workers assigned
to the aisles perform
their duties and the
safety measures in
place.
THINGS TO DO-LAW January 15, 2011 File no. 003

No. What Assigned to Date Done

1 Review the basic June 6, 2011
principles on quasi-
delicts and damages
2 Review the duties of June 6, 2011
parents, with regard
to their children, as
provided by the
Family Code.
3 Review the law and June 6, 2011
jurisprudence
regarding nuisances,
with special focus on
attractive nuisances.
4 Review the Rules on June 6, 2011
Evidence.
THEORY January 30, 2011 File no. 004

COMPLAINT filed on: January 20, 2011

Liability Theory: The adverse party, Gloria Super Mart is liable for the damages suffered by my
client’s son, Ricky, due to the negligence of the employees and management of the former, as
shown by their failure to place a wet floor sign on the area where Ricky fell and by the failure of
the adverse party to send a staff member to warn others about the spill.
Damage Theory: My client is entitled to actual damages amounting to the medical expenses
incurred by her in treating Ricky as well as to moral damages due to the mental anguish suffered
by both my client and Ricky as a result of the latter’s injuries, pursuant to Article 2219(2) of the
Civil Code.

ANSWER filed on: January 29, 2011

Admission/s: Ricky Bueno and his mother were both spotted on the floor, with the latter tending
to the former. Next to them was a broken bottle of syrup with its contents spilled on the floor along
with a couple of the same bottles.
Denial/s: The spilled syrup was not due to negligence of the staff in handling the syrup bottles.
Defenses: The injuries suffered by Ricky was due to his own negligence in recklessly running
through the aisle near the syrup bottles. The adverse party, Ricky’s mother, is also negligent in
failing to keep a close eye on her son and failing to prevent him from running off. These
circumstances warrant the reduction of the damages payable to the adverse party, if not the outright
dismissal of her complaint.
WITNESS GUIDE April 2, 2011 File no. 005

Name: Jonna Bueno Nationality: Filipino Age: 35 Status: Married

Occupation: Accountant Employer:
Business Address: 101 Cityland Shaw Tower, Ortigas Center, Mandaluyong City, Metro Manila
Contact Nos.: 28973546 (office); 21934766 (home); 09176430286 (cell)
Home Address: 89 Little Baguio St., San Juan City, Metro Manila
Relation to Parties: Plaintiff [✓]Friendly []Neutral []Hostile
[]Eyewitness []Circumstantial []Police []Medical Expert [] Other
OFFER OF TESTIMONIAL EVIDENCE:
To prove her claim of damages against Gloria Super Mart.

WILL TESTIFY THAT:

Her son, Ricky, slipped and fell along a wet floor in Gloria Super Mart’s premises and suffered an
injured wrist, as a result of the fall. Ricky’s accident required the incurring of medical expenses to
treat his injury and caused mental anguish on Ricky and herself.

WILL IDENTIFY:

Appearance: Dark hair; Wears glasses; In professional attire Credible? Yes Reliable? Yes
WATCH OUT FOR

[] Subpoenaed on_____________ [] Duces Tecum on _______________ [✓]No need

POINTS TO BRING OUT
• How is the witness familiar with Gloria Super Mart?
• What was the witness doing in Gloria Super Mart at the time of the accident?
• What was Ricky doing while the witness was at Gloria Super Mart?
• What was Ricky doing just before the accident?
• What did the witness do after seeing Ricky on the floor?
• What did Ricky slip on?
• Did the Super Mart’s staff aid the witness?
• Were there any protective measures around the spill area?
• Where did the witness bring Ricky after the accident? Who treated Ricky?
• How long was Ricky hospitalized?
• How was Ricky during the recuperation?
• How much did the witness spend to treat Ricky?
Name: John D. Lim, M.D. Nationality: Filipino Age: 45 Status: Single
Occupation: Orthopedic Surgeon Employer: Philippine Orthopedic Hospital
Business Address: 78-A Maria Clara St, Santa Mesa Heights, Quezon City, Metro Manila
Contact Nos.: 24823845 (office); 21847293 (home)
Home Address: 770 Pedro Gil Street Malate, Manila, Metro Manila
Relation to Parties: Treated the son of complainant, Ricky [] Friendly [✓]Neutral [] Hostile
[] Eyewitness []Circumstantial []Police []Medical Expert [] Other
OFFER OF TESTIMONIAL EVIDENCE:
To explain the extent of Ricky Bueno’s injuries

WILL TESTIFY THAT:

He examined Ricky Bueno on May 11, 2010 and performed surgery on him, on the same day, to
treat his injuries. Also, that he charged the amounts that the plaintiff claimed to have incurred.

WILL IDENTIFY:
The plaintiff as the same Jonna Bueno who asked him to treat her son, Ricky.

Appearance: Dark hair; Wears glasses; Has a goatee Credible? Yes Reliable? Yes
WATCH OUT FOR
Tends to give long-winded, technical explanations
[] Subpoenaed on_____________ [] Duces Tecum on _______________ [✓]No need
POINTS TO BRING OUT
• How is the witness familiar with Jonna Bueno and her son, Ricky?
• What were the extent of Ricky’s injuries?
• What did the witness do to treat Ricky’s injuries?
• How much did the witness charge for his services?