Petitioners:

Ed Dante Latonio
Mary Ann Latonio
Ed Christian - 8 month old child; accompanied to birthday party; can already stand and walk but
needs to have support

Birthday Party: September 17, 2000

Place:
McDonald’s Restaurant, Ayala Center, Cebu City
• Birthday package - 2 mascots, “Birdie” and “Grimace”
• Tyke Philip Lomibao - person inside the “Birdie” mascot; employee of Cebu Golden Food
Industries
Sequence of Events:
1. Mascots entered function room
- Costume is a thick leather suit
2. Mascots danced
3. Mascots had their pictures taken with guests
4. Mary Ann placed Ed Christian on a chair in front of the mascot “Birdie”, intending to have
child’s photo taken with “Birdie”
- Mary Ann tapped Lomibao on his side and called him to tell him that she was going to
take pictures of her baby
- Lomibao did not make a reply; di makita externally kinsa gitan-aw sa mascot
- DID NOT HOLD MASCOT; Mary Ann placed baby in front of the mascot
- Mascot no opening for eyes and ears
- But naay opening near the mouth
- Every sense is diminished; can’t even move freely
- Bisan pag niagree siya or nitando, he could not possibly hold the child because mascot
has no hands or fingers to use for hold or for a firm grasp
5. Birdie positioned himself behind the child and extended wings to give a good pose for the
camera
6. Mary Ann released hold of Ed Christian as photos were about to be taken
7. Child fell head first from the chair onto the floor
8. Guests and employees of McDonald’s assisted petitioners in giving first aid treatment
9. Petitioners continued with the party and left only after the party was over

10. Mary Ann called Cebu Golden Food - asked for reimbursement for x-ray examination and
other medical expenses (9:30pm)
11. A staff of Cebu Golden Food visited their residence to follow up the results of the CT scan -
was repeatedly shouted that they would file a case against them; incident reported to
licensor McGeorge Food Industries, Inc.

12. McGeorge agreed to contact a neurologist for Latonios; referred to St. Luke’s Medical
Center and the Makati Medical Center
13. Latonios initially agreed to give a copy of x-ray and CT scan results to McGeorge; instead
decided against lending McGeorge the scans and medical records
14. Instead, sent a demand letter for 15M
15. Published in Sunstar the accident and suit for damages (9M)
16. RTC ruled in favor of plaintiffs, against Tyke and Cebu Golden Food Industries; McGeorge
relieved from damages
17. CA reversed; Latonios argue that Ed Christian was in the “hands” of Tyke