La Mallorca et. al. v. De Jesus

G.R. No. L-21486 May 14, 1966
[Makalintal, J.:]

Facts: The daughter of respondent died in a head-on collision between petitioner’s bus of which she was a passenger and a truck. The immediate cause of the collision was the fact that the driver of the bus lost control of the wheel when its left front tire suddenly exploded.

Issue: W/n the tire blow-out is a fortuitous event

HELD: No. The accident was caused by a mechanical defect which could have been corrected if the bus has been subjected to a more thorough check up before it took the road. Therefore the owner of the vehicle is liable. Moral damages are recoverable by reason of the death of the passenger caused by the breach of contract of a common carrier as provided in Art 2206 of the New Civil Code.