Public attorney’s suit is “unjust”

CEBU, Philippines - The lawyer of a restaurant chain sued for damages by a public attorney after a piece of broken glass was found in her iced tea has described the complaint as “outrageous, uncalled for, and unjust”.

Lawyer Mario Ortiz, counsel for Gramby Foods, Inc., said that his client has been doing business for more than a decade and it was the first that the fast-food chain received a complaint.

Ortiz said that none of the waiters noticed a piece of broken glass inside the glass of iced tea that complainant, Lawyer Maria Lourdes Bragat, was drinking.

“None of the waiters noticed any broken glass or glass chip inside the glass used by your client. The supervisor, Hermie Dumaguet, simply took her word that there was a glass chip inside the glass and accompanied her to the hospital at her request,” Ortiz said in his reply to the complaint filed by Lawyer Giovanni Luna in behalf of Bragat.

Ortiz said it was not also true that his client, represented by its president Edwin Vincent Ortiz, failed to face its obligation. In fact, it was Edwin Vincent’s wife who allegedly paid Bragat’s hospital bills.

Ortiz also said that the result of the examination did not show any spicks of glass.

“Your client’s medical examination report and x-ray pictures do not show any glass chip or sliver of glass. Aside from her self-serving claim, your client’s esophagitis and gastric erosions might have other causes,” Ortiz added.

“One million damages is outrageous uncalled for and unjust,” Ortiz described the complaint.

Bragat claimed that on January 6, 2013 she and her husband, Senior Inspector Albert Quilitorio, had a romantic dinner in one of the malls at the North Reclamation Area.

Bragat said that the dinner turned out to be a “disaster” when she found a piece of broken glass in her iced tea.

Bragat immediately called the attention of the supervisor who confirmed the presence of the broken glass.

The incident resulted in her confinement at the hospital that also required her to undergo medical procedures like endoscopy.

Bragat said her confinement resulted in her failure to attend to her judicial duties as public attorney for which she is demanding to be compensated.

Bragat is demanding P1 million for moral damages, P1 million for exemplary damages, and P50,000 for attorney’s fees and litigation cost. FPL (FREEMAN)