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  • JARKO MARKETING Vs CA

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    1) Criselda was signing her credit card slip at a store when she heard a loud thud and saw her daughter Zhieneth pinned under the store's gift-wrapping counter/structure. 2) Zhieneth was rushed to the hospital where she was operated on but lost her speech the next day. She died 14 days after the accident from injuries sustained. 3) The court ruled that Zhieneth's death was not an accident but was due to negligence, as the store did not use reasonable care and caution in ensuring the safety of its customers, as required by the legal test for determining negligence.

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    6. JARKO MARKETING vs CA

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    1) Criselda was signing her credit card slip at a store when she heard a loud thud and saw her daughter Zhieneth pinned under the store's gift-wrapping counter/structure. 2) Zhieneth was rushed to the hospital where she was operated on but lost her speech the next day. She died 14 days after the accident from injuries sustained. 3) The court ruled that Zhieneth's death was not an accident but was due to negligence, as the store did not use reasonable care and caution in ensuring the safety of its customers, as required by the legal test for determining negligence.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    7 views1 page

    JARKO MARKETING Vs CA

    Uploaded by

    hannibal
    1) Criselda was signing her credit card slip at a store when she heard a loud thud and saw her daughter Zhieneth pinned under the store's gift-wrapping counter/structure. 2) Zhieneth was rushed to the hospital where she was operated on but lost her speech the next day. She died 14 days after the accident from injuries sustained. 3) The court ruled that Zhieneth's death was not an accident but was due to negligence, as the store did not use reasonable care and caution in ensuring the safety of its customers, as required by the legal test for determining negligence.

    Copyright:

    © All Rights Reserved
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    of 1

    G.R. No.

    129792 December 21, 1999

    JARCO MARKETING CORPORATION, LEONARDO KONG, JOSE TIOPE and ELISA


    PANELO, petitioners,
    vs.
    HONORABLE COURT OF APPEALS, CONRADO C. AGUILAR and CRISELDA R.
    AGUILAR, respondents.

    Facts:

    CRISELDA was signing her credit card slip at the payment and verification counter when she felt a
    sudden gust of wind and heard a loud thud. She looked behind her. She then beheld her daughter
    ZHIENETH on the floor, her young body pinned by the bulk of the store's gift-wrapping
    counter/structure. ZHIENETH was quickly rushed to the hospitall where she was operated on. The
    next day ZHIENETH lost her speech. The injuries she sustained took their toil on her young body.
    She died fourteen (14) days after the accident

    RULING:

    The test in determining the existence of negligence is enunciated in the landmark case of Plicart v.
    Smith, thus: Did the defendant in doing the alleged negligent act use that reasonable care and
    20

    caution which an ordinarily prudent person would have used in the same situation? If not, then he is
    guilty of negligence.
    21

    We rule that the tragedy which befell ZHIENETH was no accident and that ZHIENETH's death could
    only be attributed to negligence.

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