CA says Rough Riders bus liable for Borbon accident

CEBU, Philippines - The Court of Appeals has affirmed the ruling of the Regional Trial Court (RTC) directing the operator of Rough Riders buses to pay P204,387 to a provincial jail guard who was injured when the vehicle he was riding was hit by a Rough Riders bus in Borbon 21 years ago.

Justice Gabriel Ingles who penned the ruling for the appellate court’s 19th Division denied the appeal filed by William Tiu who asked that the RTC decision be reversed. The RTC found the bus company liable for damages and ordered it to pay Clarito Egnora P204,387 as actual damages, moral damages and attorneys fees.

The appellate court ruled that the RTC decision was correct in finding Rough Riders bus driver Mario Gomito guilty of the accident when his vehicle hit the rear portion of the Cebu Autobus ridden by Egnora. The jail guard was wounded during the accident and had to be confined in the hospital for 14 months.

In claiming for damages, Egnora said his left arm was injured and he eventually lost it. He also experienced pain and insurmountable discomfort. He said he was compelled to file the case in court after Tiu refused to pay him damages.

Tiu had tried to defend his driver by saying that the accident took place after the Cebu Autobus bus tried to overtake a cargo truck in Barangay Lamak, Borbon on July 28, 1990.

He argued that after the Cebu Autobus overtook the cargo truck, its driver tried to maneuver the vehicle back to its lane, but the rear portion of the bus pivoted and was accidentally hit by the bracket of the left side mirror of the Rough Riders bus, which at that time, was running towards the opposite direction.

The appellate court has ruled that the physical evidences indicated that Gomito was at fault and negligent. Gomito, it said, should have applied his brakes and gave way to the approaching vehicle to avoid accident, it added.

“Since driver Gomito was negligent and reckless while acting within the scope of his assigned tasks, Tiu is presumed by law to be also negligent in his selection and supervision of driver Gomito,” the Court of Appeals decision reads.

Tiu has the option to elevate the matter to the Supreme Court. — (FREEMAN)