Mercury Drug ordered to pay paralyzed student P40M

The Supreme Court has ordered Mercury Drug Corporation to pay over P40 million in compensation and damages to the family of a promising student who got paralyzed for life after his car collided with a six-wheeler truck owned by the drug firm in 1996 along the C-5 Highway in Taguig City. In an 18-page decision penned by Chief Justice Reynato Puno, the high tribunal’s First Division affirmed the rulings of the Court of Appeals and the Makati regional trial court branch 64 finding Mercury Drug and its driver Roland del Rosario jointly and severally liable for the accident met by Stephen Huang, then 17 years old. Aside from actual damages of P2,973,000, the Supreme Court ordered Mercury Drug and del Rosario to pay the victim and his parent compensatory damages of P23,461,062 for life care cost of Stephen; P10,000,000 for lost or impaired earning capacity of the victim; P1,000,000 as moral damages; P2,000,000 as exemplary damages; and P1,000,000 as attorneys fees and litigation expense. The Supreme Court said the P10 million for the loss or impairment of his earning capacity was a necessary compensation, considering his age, probable life expectancy, the state of his health, and his mental and physical condition before the accident. “We therefore find no cogent reason to disturb the findings of the RTC and the CA. The evidence proves petitioner del Rosario’s negligence as the direct and proximate cause of the injuries suffered by respondent Stephen Huang. Petitioner del Rosario failed to do what a reasonable and prudent man would have done under the circumstances," the Supreme Court ruled. The high court pointed out that had it not been for the fatal accident, Huang would have faced a rosy future, being “an exceptional student (who) excelled both in his academics and extracurricular undertakings." “He is intelligent and motivated, a go-getter, as testified by Francisco Lopez, respondent Stephen Huang’s godfather and a bank executive. Had the accident not happened, he had a rosy future ahead of him. He wanted to embark on a banking career, get married and raise children. Taking into account his outstanding abilities, he would have enjoyed a successful professional career in banking," the Court said. The Supreme Court said that based on the records that at the time of the accident, del Rosario was driving without a license because he was previously ticketed for reckless driving. Evidence also shows that del Rosario failed to step on his brakes immediately after hitting Huang’s car, which could have reduced the injuries sustained by the latter. The Supreme Court added that Mercury Drug failed to exercise due diligence in the selection and supervision of their employees. The Court noted that the drug firm allowed Del Rosario to continue driving without a license. The Court also noted that at the time of the accident, del Rosario has been out on the road for more than thirteen hours, without any alternate or a back-up driver. Citing Articles 2176 and 2180 of the Civil Code, the Supreme Court extended liability to Mercury Drug, saying “the owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions." Court records showed that Mercury Drug is the registered owner of a six-wheeler 1990 Mitsubishi Truck with plate number PRE 641, with del Rosario as its employed driver. At around 10:30 pm of December 20, 1996, Huang on board his red 1991 Toyota Corolla GLI Sedan was traversing the left innermost lane of C-5 Highway towards Pasig City, when the truck suddenly swerved to its left and slammed into the front right side of the car. The collision hurled the car over the island where it hit a lamppost, spun around and landed on the opposite lane. The truck also hit a lamppost, ran over the car and zigzagged towards, and finally stopped in front of Beullah Land Church. The car was a total wreck, while Huang sustained massive injuries to his spinal cord, head, face, and lung. Despite a series of operations, respondent Stephen Huang is paralyzed for life from his chest down and requires continuous medical and rehabilitation treatment. Concurring in the ruling were Associate Justices Angelina Sandoval-Gutierrez, Renato Corona, Adolfo Azcuna and Cancio C. Garcia. - GMANews.TV