This case has been cited 4 times or more.
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2016-01-25 |
BRION, J. |
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| Where an operating surgeon left a foreign object (i.e., rubber gloves) inside the body of the patient.[41] | |||||
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2010-10-19 |
BRION, J. |
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| Contrary to the dissent's view, the sworn statements of Maligaya Feedmill's customers and former employees that Mitra did not and could not have resided at the mezzanine portion of the Feedmill cannot be given full evidentiary weight, since these statements are in nature of negative testimonies that do not deserve weight and credence in the face of contrary positive evidence, particularly, Carme E. Caspe's testimony, cited above, that Mitra did indeed transfer residence in a process that was accomplished, not in a single move, but through an incremental process that started in early 2008. It is well-settled in the rules of evidence that positive testimony is stronger than negative testimony.[36] | |||||
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2010-09-15 |
VILLARAMA, JR., J. |
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| The trial court erred in applying the doctrine of res ipsa loquitur to pin liability on respondent for Allen's death. Res ipsa loquitur is a rebuttable presumption or inference that the defendant was negligent. The presumption only arises upon proof that the instrumentality causing injury was in the defendant's exclusive control, and that the accident was one (1) which ordinarily does not happen in the absence of negligence. It is a rule of evidence whereby negligence of the alleged wrongdoer may be inferred from the mere fact that the accident happened, provided that the character of the accident and circumstances attending it lead reasonably to the belief that in the absence of negligence it would not have occurred and that the thing which caused injury is shown to have been under the management and control of the alleged wrongdoer.[11] | |||||
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2005-03-08 |
CHICO-NAZARIO, J. |
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| In the absence of any clear explanation on what other factors could have explained the flooding in the neighboring properties of the dam, it is fair to reasonably infer that the incident happened because of want of care on the part of NPC to maintain the water level of the dam within the benchmarks at the maximum normal lake elevation of 702 meters. An application of the doctrine of res ipsa loquitur, the thing speaks for itself, comes to fore.[24] Where the thing which causes injury is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of an explanation by the defendant, that the accident arose from want of care. [25] | |||||