A dump truck rammed into the rear of a car stopped at a red light, shattering the rear windshield and causing minor wounds from glass splinters to the passenger Dr. dela Llana. Dr. dela Llana claimed the accident caused a whiplash injury. However, the court ruled against Dr. dela Llana, finding she failed to establish her claim of injury by a preponderance of evidence, as her claim was unsupported and a mere bare assertion.
A dump truck rammed into the rear of a car stopped at a red light, shattering the rear windshield and causing minor wounds from glass splinters to the passenger Dr. dela Llana. Dr. dela Llana claimed the accident caused a whiplash injury. However, the court ruled against Dr. dela Llana, finding she failed to establish her claim of injury by a preponderance of evidence, as her claim was unsupported and a mere bare assertion.
A dump truck rammed into the rear of a car stopped at a red light, shattering the rear windshield and causing minor wounds from glass splinters to the passenger Dr. dela Llana. Dr. dela Llana claimed the accident caused a whiplash injury. However, the court ruled against Dr. dela Llana, finding she failed to establish her claim of injury by a preponderance of evidence, as her claim was unsupported and a mere bare assertion.
Facts: Juan dela Llana was driving a 1997 Toyota Corolla car along North Avenue, Quezon City. His sister, Dra. dela Llana, was seated at the front passenger seat while a certain Calimlim was at the backseat. Juan stopped the car across the Veterans Memorial Hospital when the signal light turned red. A few seconds after the car halted, a dump truck containing gravel and sand suddenly rammed the car’s rear end, violently pushing the car forward. Due to the impact, the car’s rear end collapsed and its rear windshield was shattered. Glass splinters flew, puncturing Dra. dela Llana. Apart from these minor wounds, Dra. dela Llana did not appear to have suffered from any other visible physical injuries. Issue: WON --------- held that the proximate cause of Dra. dela Llana’s whiplash injury to be Joel’s reckless driving. Ruling: No, Dra. dela Llana miserably failed to establish her cause by preponderance of evidence. While we commiserate with her, our solemn duty to independently and impartially assess the merits of the case binds us to rule against Dra. dela Llana’s favor. Her claim, unsupported by preponderance of evidence, is merely a bare assertion and has no leg to stand on.
G.R. No. 182356 December 4, 2013 DRA, LEILA A DELA LLANO, Petitioner, vs. REBECCA BIONG, Doing Business Under The Name and Style of Pongkay Trading, Respondent. D E C I S I O N
G.R. No. 182356 December 4, 2013 DRA, LEILA A DELA LLANO, Petitioner, REBECCA BIONG, Doing Business Under The Name and Style of Pongkay Trading, Respondent. Brion, J.