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JONNA BUENO
Plaintiff,
MEMORANDUM
Plaintiff Jonna Bueno, through counsel, unto this Honorable Court most
respectfully submit and present this memorandum in the above-titled case and
aver that:
THE CASE
Plaintiff Mrs. Jonna Bueno (hereinafter Mrs. Bueno) filed this action
for damages of Php 500,000.00 against defendant Gloria Supermart, Inc.
(hereinafter Gloria Supermart). Gloria Supermarts negligence in making
its premises safe for their customers, renders the same guilty of violation of
Article 2176 of the Civil Code. Consequently, Gloria Supermart shall be liable
to pay for damages for the expenses for the injuries Mrs. Buenos son, Ricky,
and for the emotional pain it brought to him and his mother.
THE PARTIES
FACTUAL BACKGROUND
1. Mrs. Bueno planned to cook spaghetti, but upon realizing they had no
tomato sauce, she went to Gloria Supermart with her son, Ricky, who is 5
years old at around 10am on May 11, 2010. She had to bring Ricky with
her as nobody else was at home to look after him.
2. Mrs. Bueno was a loyal customer, she did her grocery in Gloria Supermart
for over 20 years, hence the familiarity of the vicinity. However, on May
11, something unfortunate happened, which was premised by the rolling
of a lost small ball that caught the attention of the young and curious Ricky.
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3. In his excitement and curiosity, he chased after the ball away from Mrs.
Bueno. Not too long after was Rickys fall which lead to a heavy bang on
the wet section of the aisle.
4. Apparently, the wet section of the aisle was caused by a leaking bottle in a
nearby shelf, which caused the fall of Ricky. There was no sign or
whatsoever that warned customers of such puddle of liquid.
5. Following the accident was Rickys shriek from pain in his right wrist
which he used to stop his fall. This prompted Mrs. Bueno to come to his
side to help him, to which a store clerk assisted, so Ricky can be brought
to the Philippine Orthopedic Hospital (hereinafter the hospital).
7. It took Ricky 6 weeks to fully recover from the injury he suffered after he
fell. During this period, he complained of great pain, discomfort, and
difficulty to use both hands.
8. On Mrs. Buenos end, with Ricky as their only son after difficulty in
getting pregnant, she suffered mental and emotional pain as any accident
to an only child would pain the parents with their fear of losing him.
DISCUSSION OF ARGUMENTS
A. IT IS THE DUTY OF AN
ESTABLISHMENT TO ENSURE
THE SAFETY OF THEIR CUSTOMERS
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Dapat pag may basa nililinis para walang madulas
A. ON ACTUAL DAMAGES
B. ON MORAL DAMAGES
Only child tapos nahirapan magka baby kaya dapat lang kasi
PRAYER
Other just and equitable reliefs under the foregoing are likewise being
prayed for.
Makati City for Quezon City, Metro Manila, Philippines. May 25, 2017.
ENRIQUE L. VILLAMIEL
Counsel for Plaintiff
Makati City