Brendon Castello enrolled in Best Drive Learning School to learn how to drive a car.

Last 10 May 2019,

he and his driving instructor, Ferdinand Lopez, went out for an actual driving lesson. Using the school’s
Toyota Fortuner, Brendon drove the same along Congressional Avenue. Ferdinand was seated on the
other seat located beside Brendon.

While traversing Congressional Avenue, the Toyota Fortuner being driven by Brendon collided with
another vehicle. Dianne Somera, who was driving the car bumped by the Toyota Fortuner suffered very
serious injuries. The most serious injury she sustained is the puncture in her lungs. Due to the same,
Dianne suffered severe blood loss.

While on the hospital, Dianne was told that she would need to undergo a lung operation and that she
would be needing to undertake a blood transfusion. She refused since her religion does not allow blood
transfusions. The doctor pleaded with her, saying that the intended surgery has a 90% chance of saving
her life and not undergoing the blood transfusion would mean certain death for her. Dianne did not
change her mind and she thereafter died after a few hours.

Felix Bocobo, who was with Dianne during the accident also suffered very serious injuries.
Unfortunately, the accident also mangled his reproductive organ. When Felix was made aware of it, he
became depressed. Several days after the accident, he opened the window of his hospital room and
jumped to his death.

Ferdinand, the driving instructor, unluckily also suffered serious injuries. His two kidneys were severely
damaged and would now have to undergo dialysis for the rest of his life. Brendon, who was very lucky,
only suffered minor injuries.

Ferdinand talked with Brendon. Ferdinand asked Brendon to give one of his kidneys to him if ever the
latter’s kidney would be compatible with him. This will serve as his compensation for the injuries he
suffered by reason of the accident. Brendon reluctantly agreed and they have signed written agreement
to that effect.

Brendon’s kidneys were found to be compatible with Ferdinand. Brendon would like to go through with
the Agreement but his wife, Nadine, disagreed with it. As a matter of fact, Nadine would be filing a
Complaint for the Nullification of the said Agreement with prayer for the issuance of an Injunction
against Brendon so that the latter be prohibited from giving one of his kidneys to Ferdinand.

You are consulted by Mario Castello, the father of Brendon. He is asking your legal opinion on the
following:

1. Who can be held liable for the accident suffered by Dianne? Brendon and/or Ferdinand, and/or
the driving school?
2. What is the extent of the liability of any, some or all of the three persons mentioned above in
connection with the accident suffered by Dianne?
3. Is the fact that the Dianne refused blood transfusion, which thereby caused her death due to
blood loss, material to the computation of damages that can be recovered?
4. Who can be held liable for the accident suffered by Felix? Brendon and/or Ferdinand, and/or the
driving school?
5. What is the extent of the liability of any, some or all of the three persons mentioned above in
connection with the accident suffered by Felix?
 6. Is the fact that the Felix chose to commit suicide material to the computation of damages that
can be recovered?
7. Who can be held liable for the accident suffered by Ferdinand?
8. Can the driving school hold Brendon liable for the damage caused to the Toyota Fortuner?
9. Is the fact the student drivers can be foreseen to cause accidents while learning how to drive
material for purposes of who can be held liable for damages and the extent of damages that can
be recovered?
10. What possible defenses may Brendon raise in order to partially or fully negate his liability, if any,
against Ferdinand and/or the driving school?
11. Is the Agreement between Brendon and Ferdinand valid and enforceable?
12. Does Nadine have legal standing to ask for the nullification of the aforesaid Agreement?
13. Can Nadine ask Brendon to be legally prohibited from giving one of his kidneys to Ferdinand?

Given the foregoing, please prepare a legal memorandum addressed to Mr. Mario Castello, using the
format of the sample Legal Memorandum attached hereto.