McKee vs IAC, 211 SCRA 517

Facts:
Cargo truck
Ford escort

Driver
Ruben Galang
Jose Koh

Owner
Tayag and Manalo

To avoid hitting 2 boys who suddenly darted from the right side of the road and into the lane of the car,
Jose Koh blew the horn of his car, swerved to the left and entered the lane of the truck. He attempted to
return to his lane but before he could do so, he already collided with the cargo truck.
-Truck and Ford collided in Pulong Pulo Bridge along MacArthur Highway. 3 people in the Ford escort
died including the driver, Jose Koh.Issue: WON Koh was negligent
Held: NO, emergency rule applies
Ratio:
emergency rule: one who suddenly finds himself in a place of danger, and is required to
act without tie to consider the best means that may be adopted to avoid the impending
danger, in not guilty of negligence, if he fails to adopt what subsequently and upon
reflection may appear to have been a better method, unless the emergency in which he
finds himself is brought by his own negligence
- Koh adopted best means to avoid hitting the 2 boys
cargo truck driver had last clear chance to avoid the accident
upon seeing that car had entered his lane to avoid the boys, truck driver did not reduce
its speed before the actual impact of collision. Car driver had given emergency signals
for truck to slow down so that car could go back to its lane.
driving at 48 km/hr on a 30 km/hr bridge
- 2185, a person driving a vehicle is presumed negligent if at the time of the
mishap, he was violating any traffic regulation
Court rules that it was the truck driver's negligence in failing to exert ordinary care to avoid the
collision which was, in law, the proximate cause of the collision.
As employers of the truck driver, the private respondents are, under Article 2180 of the Civil Code,
directly and primarily liable for the resulting damages. The presumption that they are negligent flows
from the negligence of their employee. Their only possible defense is that they exercised all the
diligence of a good father of a family to prevent the damage. This defendants failed to show.

Presumed negligence
2184. In motor vehicle mishaps, the owner is solidarily liable with his driver, if the former, who was in the
vehicle, could have, by the use of due diligence, prevented the misfortune. It is disputably presumed that a
driver was negligent, if he had been found guilty of reckless driving or violating traffic regulations at least twice
within the next preceding 2 moths.
If the owner was not on the motor vehicle, the provisions of Article 2180 are applicable.
2180. 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 occasion of their
functions.
2185. Unless there is proof to the contrary, it is presumed that a person driving a motor vehicle has been
negligent if at the time of the mishap, he was violating any traffic regulation.
2188. There is prima facie presumption of negligence on the part of the defendant if the death or injury results
from his possession of dangerous weapons or substances, such as firearms and poison, except when the
possession or use thereof is indispensable in his occupation or business.
1756. In case of death of or injuries to passengers, common carriers are presumed to have been at fault or to have
acted negligently, unless they prove that they observed extraordinary diligence as prescribed in 1733 and 1755.
1733. Common carriers, from the nature of their business and for reasons of public policy, are bound to observe
extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them,
according to all the circumstances of each case.
Such extraordinary diligence is vigilance over the goods further expressed in 1734, 1735, and 1745 nos. 5, 6, 7
while the extraordinary diligence for the safety of the passengers is further set forth in 1755 and 1756.
1755. A common carrier is bound to carry the passengers safely as far as human care and foresight can provide,
using the utmost diligence of very cautious persons, with a due regard for all the circumstances.