REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 100, QUEZON CITY

ANA LUCIA
Petitioner CIVIL CASE NO. 02-123456
For: Damages
-versus-

SAVEGOLD, INC.
Respondent

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DECISION

Before this Court is an Action for Damages filed by Ana Lucia against Savegold Inc., for the actual
expense and emotional pain suffered by the Petitioners son, Jose, at the respondents supermarket.

Petitioner Ana Lucia, is a 35-year-old married woman, accountant, and a resident of # 89 Little
Baguio St., San Juan City Metro Manila. 1

Respondent Savegold Inc., a domestic corporation duly registered under the existing laws of the
Philippines with office address at #27 Ortigas Avenue, San Juan, Metro Manila. It is engaged in retailing
and wholesaling of groceries and general merchandise. 2

The antecedent facts of this case are as follows:

On May 11, 2010, petitioner Ana Lucia and her 5-year-old son, Jose, went to Savegold to buy
some groceries. While inside the grocery store, a ball rolled along the aisle and Jose ran after it. Ana
Lucia saw her son slip with a heavy bang on a wet section of the aisle. Jose shrieked from pain in his right
wrist which he used to stop his fall. Ana Lucia immediately came to his side to help him and asked a store
clerk to help her carry Jose to her car so she could bring him to the hospital. Afterwards, she brought
Jose to Philippine Orthopedic Hospital. 3

Dr. John D. Lim, an orthopedic surgeon at the said hospital operated Joses right wrist to restore
the position of the fractured bone. Jose was released from the hospital the following day but it took him
six (6) weeks to fully recover from pain, discomfort and difficulty. 4

1 TSN, 11 June 2011, 3.

2 Exhibit A; OR, 27.
3 TSN, 11 June 2011,4.
4 Id., 6.
 Ana Lucia averred that the proximate cause of this incident was the puddle of syrup that seeped
out from a leaking bottle in the nearby shelf where Jose slipped. She contends that because of the
absence of a warning sign near or around the puddle that should send signal to clients of the danger it
presents, the company committed gross negligence resulting to physical injury of his son.