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What is Juntilla v. Fontanar: Liability Reinstated about?

The Supreme Court reversed the decision of the Court of First Instance (CFI) of Cebu and reinstated the decision of the City Court. The CFI had absolved the carrier from liability by finding the tire blowout was a fortuitous event. However, the Supreme Court found the carrier was negligent as the jeepney was overloaded and speeding at the time of the accident. A fortuitous event is unforeseeable and unavoidable, but the carrier could have foreseen and avoided the accident through proper inspection of tires,

Author

Jean Cyril Manlangit Ygusguiza

Language

EN