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Bataclan v.

Medina Facts: - Juan Bataclan figured in an accident when the bus he was riding (owned by Medina Transportation, driven by Conrado Saylon, operated by Mariano Medina) had its front tires burst, the bus zigzagging ominously before plunging into a canal - The bus turned turtle but some passengers managed to escape - Among those that were left pinned down were Bataclan (they were seated near the driver) - After about half an hour, some men carrying lighted torches approached to help - When they got close to the bus, a fierce fire started, killing the 4 left people - Salud Villanueva, the widow, filed action to recover from Medina compensatory, moral, exemplary, attys fees (87k) - TC: o breach of contract of carriage; o negligence of driver Saylon - he was speeding at time of accident so when he applied the brakes, the bus was catapulted 150m before it fell o PROXIMATE CAUSE: fire that burned the bus (thus, damages correspond to physical injuries) Issue: w/n the carrier is liable and to what degree (i.e. what is the proximate cause of Bataclans death) Held: Defendant carrier is liable since the proximate cause of Bataclans death was the overturning of the bus. Ordinarily when a passenger bus overturns, and pins down a passenger, injuring him, if through some event, unexpected and extraordinary, the overturned bus is set on fire (e.g. lightning or looters), and the passenger is burned to death, one might still contend that the proximate cause of his death was the fire and not the overturning of the vehicle. HOWEVER, in the present case, when the vehicle turned turtle, the leaking of gasoline was not unnatural or unexpected. The coming of the men with the torches was but a natural sequence of the overturning of the bus. Burning can also in part be attributed to the negligence of the carrier (thru its driver and its conductor who failed to exercised diligence in cautioning the men with fire as the leak reeks even from a distance) PROXIMATE CAUSE short: that cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred long: that acting first and producing the injury, either immediately or by setting other events in motion, all constituting a natural and continuous chain of events, each having a close causal connection with its immediate predecessor, the final event in the chain immediately effecting the injury as a natural and probable result of the cause which first acted, under such circumstances that the person responsible for the first event should, as an ordinary prudent and intelligent person, have reasonable ground to expect at the moment of his act or default that an injury to some person might probably result therefrom. Others: evidence to support supposition that the tires were already old (Medina was overheard ordering bus inspector to change them since driver failed to do so before accident)

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