THE COURT of Appeals (CA) has affirmed the award of more than PHP1 million in damages to a man who lost two toes after a 10-wheeler truck ran over his right foot while he was crossing a road in Angeles City, Pampanga eight years ago.
The eight-page decision dated November 15 and uploaded recently affirmed the 2018 ruling of the Angeles City Regional Trial Court Branch 60 that found truck driver Severino Pestanio Jr. and his employer, Sharon Co, responsible for the injuries sustained by Mark Paul Medina.
The appellate court ordered Pestanio and Co to pay Medina PHP757,641 in actual damages, PHP150,000 in moral damages, PHP75,000 in exemplary damages, and PHP50,000 as attorney’s fees with interest.
Medina and his friends have just alighted from a jeepney around midnight of March 16, 2013 and were crossing the Magalang Road corner Epza Main Road in Barangay Pulung Cacutud when the front left tire of a 10-wheeler truck (plate number PDP 128) without headlights ran over his right foot.
He was taken to the Angeles University Foundation Medical Center where he underwent several procedures, including the amputation of two toes to prevent infection and complications.
Medina claimed that the defendants ignored all demands to answer for his hospital bills, which amounted to PHP757,641.
The victim claimed he was supposed to get a college basketball scholarship but because of the damage he suffered, could no longer play the sport.
The defendants claimed the truck was in good condition and had no defect and that Medina had crossed the road without caution.
In ruling for the victim, the court said “a prudent driver would have immediately slowed down and stopped the vehicle to give way to the pedestrian crossing the road”.
“An experienced and competent driver would be able to properly react upon seeing that there were people at the centerline who were attempting to cross the street. This care, caution and diligence, appellant Pestanio Jr. failed to observe, thus causing injury to Medina”. ( Benjamin Pulta)
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