This case has been cited 2 times or more.
|
2014-06-18 |
PEREZ, J. |
||||
| Gross negligence is the absence of care or diligence as to amount to a reckless disregard of the safety of persons or property. It evinces a thoughtless disregard of consequences without exerting any effort to avoid them.[46] | |||||
|
2010-02-16 |
PERALTA, J. |
||||
| A review of the records showed that it was petitioner's witness, Efren Delantar Ong, who was about 15 meters away from the bus when he saw the vehicular accident.[26] Nevertheless, this fact does not affect the finding of the trial court that petitioner's bus driver, Margarito Avila, was guilty of simple negligence as affirmed by the appellate court. Foreseeability is the fundamental test of negligence.[27] To be negligent, a defendant must have acted or failed to act in such a way that an ordinary reasonable man would have realized that certain interests of certain persons were unreasonably subjected to a general but definite class of risks.[28] | |||||