This case has been cited 1 times or more.
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2005-06-15 |
PANGANIBAN, J. |
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| Article 2231 of the Civil Code mandates that in cases of quasi-delicts, exemplary damages may be recovered if the defendant acted with gross negligence.[40] Gross negligence means such utter want of care as to raise a presumption that the persons at fault must have been conscious of the probable consequences of their carelessness, and that they must have nevertheless been indifferent (or worse) to the danger of injury to the person or property of others.[41] The negligence must amount to a reckless disregard for the safety of persons or property. Such a circumstance obtains in the instant case. | |||||