CEBU, Philippines - An agent of a call center agent and his wife filed a case against the man’s company for its alleged failure to indemnify the agent over an incident four years ago.
Joseph Raymond Carmona and his wife Rapunzel filed the civil case against Convergys, security guard Jerry Tindugan and Soliman Security Agency.
In his complaint, Carmona said he decided to pursue the case “after defendants refused to comply with their legal obligation to indemnify him for what his counsels called as the latter’s grossly negligent acts.”
Carmona said he was within the premises of Convergys in Banawa Hills, Cebu City on November 18, 2007 when Tindugan’s service firearm accidentally fired and hit him on his left leg.
“I underwent four major surgeries due to the incident. The bullet fragments remained embedded in my system. The fragment cannot be taken out without rendering me disabled,” Carmona said.
Despite this, however, the company allegedly did not provide him with medical assistance.
Carmona said he has undergone four major operations and still can feel numbness and pain on his leg when he drives.
He said he found out after the incident that Tindugan was not in the roster of security personnel accredited by the Philippine National Police.
He found out further that the Soliman Security Agency was allegedly not registered with the Firearms Explosives Security Service Agency and Guards Supervisory Section (FESSAGS).
Carmona alleged that Convergys did not report the incident to the authorities.
He asked the court to direct the defendants to pay him P3 million for temperate and moral damages, P1 million for exemplary damages and P100,000 for litigation expenses and lawyer’s fee. (FREEMAN)