Tuesday, December 12

Legal Forms: Complaint

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REPUBLIC OF THE PHILIPPINES IN THE REGIONAL TRIAL COURT OF MANDAUE CITY – – – – – – – – – – – – – – – – – – – — – – – – — – — – – – – – -x MARY MICHELLE P. PAREJA, Plaintiff, —versus— MANDAUE CITY INTERNATIONAL CLUB Defendant, – – – – – — – — – — – – – – — – – — — — – — – – – – — x COMPLAINT Plaintiff Mary Michelle P. Pareja (“Ms. Pareja”), through his undersigned attorneys, alleges: NATURE OF THE ACTION

1. This is a personal injury action brought against Defendant Mandaue City International Club for its negligent and grossly negligent failure to maintain reasonably safe facilities. PARTIES

2. Plaintiff Mary Michelle P. Pareja is of legal age and a resident of Maguikay, Mandaue City. She was injured while visiting the Mandaue City International Club, Mandaue City, to give a speech at an event there on July 28, 2008.

3. Defendant Mandaue City International Club (“Mandaue Club”) is a not-for-profit corporation incorporated in Mandaue City with its principal place of business at Opao, Mandaue City. The Mandaue City International Club offers guestrooms, restaurants, athletic, banquet and meeting facilities for its members and their guests. VENUE AND JURISDICTION

4. This Court has subject matter jurisdiction over this action based on Section 19(8) of RA No. 7691.

5. Venue is proper in this city, pursuant to Philippine laws. FACTUAL ALLEGATIONS

6. On the evening of July 28, 2008, the Mandaue City Magazine held an event (the “Mandaue City Magazine Night”) in a banquet room at the Mandaue City International Club. The Mandaue City Magazine invited Ms. Mary Michelle P. Pareja, among other guests, to deliver remarks at the event.

7. The Mandaue City International Club owns, operates, and controls the premises of the Club, including the banquet room in which the Mandaue City Magazine event was held. As the host for the event, the Mandaue Club provided tables and chairs where guests could sit during the reception and the evening’s speeches. At the front of the room, the Mandaue Club provided the dais and lectern atop the dais for speakers to use to address the audience. The Mandaue Club was solely and exclusively responsible for setting up and maintaining the facilities, including the dais and lectern, for the Mandaue City Magazine Night.

8. Because of the height of this dais, the Mandaue Club’s normal practice is to provide a set of stairs between the floor and the dais. At the Mandaue City Magazine Night, however, the Mandaue Club failed to provide any steps between the floor and the dais. Nor did the Mandaue Club provide a handrail or any other reasonable support feature to assist guests attempting to climb the dais.

9. When it was her turn to deliver remarks to the audience, Ms. Pareja approached the dais. Because of the unreasonable height of the dais, without stairs or a handrail, Ms. Pareja fell backwards as she attempted to mount the dais, striking her left leg on the side of the dais and striking her head on a heat register.

10. As a result of the fall, a large hematoma formed on Ms. Pareja’s lower left leg, which later burst. The injury required surgery, extended medical treatment, and months of physical therapy.

11. Ms. Pareja suffered excruciating pain as a result of this injury and was largely immobile during the months in which she received physical therapy, preventing her from working her typical schedule before the injury. The months of relative inactivity weakened Ms. Pareja’s legs so that she still requires a cane for stability. In addition, Ms. Pareja continues to have a limp as a result of this injury. FIRST CAUSE OF ACTION (Negligence)

12. The allegations set forth in paragraphs 1 to 11 of this Complaint are realleged and incorporated by reference as if fully set forth herein.

13. The Mandaue Club had a duty to provide reasonably safe facilities in its reception and meeting rooms, including providing a safe dais of reasonable height and with stairs between the floor and the dais and a supporting handrail.

14. At the Mandaue City Magazine Night, the Yale Club breached its duty to provide reasonably safe facilities by failing to provide a safe dais and stairs between the floor and the dais, a supporting handrail, or any other reasonable support feature to protect its guests attempting to mount that dais.

15. It was reasonably foreseeable that, by failing to provide a safe dais and stairs between the floor and the dais, a supporting handrail, or any other reasonable support feature, a guest such as Ms. Pareja attending the Mandaue City Magazine Night would be injured while attempting to mount the dais.

16. The Mandaue Club’s negligent failure to provide reasonably safe facilities, and in particular, its failure to provide a safe dais and stairs between the floor and the dais, a supporting handrail, or any other reasonable support feature to protect its guests attempting to mount the dais, caused Ms. Pareja to fall while attempting to mount the dais and caused his extensive and continuing injuries.

17. As a result of the Mandaue Club’s negligence in failing to provide reasonably safe facilities, Ms. Pareja has suffered actual damages. These damages include pain and suffering, a continuing leg injury, medical bills and related costs of treatment, and lost work time and income. The long-term effects of his injuries continue to manifest themselves. SECOND CAUSE OF ACTION (Gross Negligence/Recklessness)

18. The allegations set forth in paragraphs 1 to 11 of this Complaint are realleged and incorporated by reference as if fully set forth herein.

19. The Mandaue Club had a duty to provide reasonably safe facilities in its reception and meeting rooms, including providing a safe dais of reasonable height and with stairs between the floor and the dais and a supporting handrail.

20. The Mandaue Club breached its duty to provide reasonably safe facilities by wantonly, willfully, and recklessly failing to provide a safe dais and stairs between the floor and the dais, a supporting handrail, or any other reasonable support feature to protect its guests attempting to mount that dais.

21. It was reasonably foreseeable that, by failing to provide a safe dais and stairs between the floor and the dais, a supporting handrail, or any other reasonable support feature, a guest such as Ms. Pareja attending the Mandaue City Magazine Night would be injured while attempting to mount the dais.

22. The Mandaue Club’s wanton, willful and reckless disregard for the safety of its guests, and in particular, its failure to provide a safe dais and stairs between the floor and the dais, a supporting handrail, or any other reasonable support feature to protect its guests attempting to mount the dais, caused Ms. Pareja to fall while attempting to mount the dais and caused her extensive and continuing injuries.

23. As a result of the Mandaue Club’s gross negligence and wanton, willful and reckless disregard for the safety of its guests, Ms. Pareja has suffered actual damages. These damages include pain and suffering, a continuing leg injury, medical bills and related costs of treatment, and lost work time and income. The long-term effects of his injuries continue to manifest themselves.

24. Because the Mandaue Club’s gross negligence was wanton, willful and in reckless disregard for the safety of its guests, punitive damages should also be awarded against it in an amount to be determined at trial.

PRAYER FOR RELIEF WHEREFORE, Plaintiff demands the following relief against Defendant:

A. Awarding actual damages resulting from Defendant’s wrongdoing in excess of P1,000,000.

B. Punitive damages in an amount to be proven at trial;

C. Pre- and post-judgment costs and interest;

D. Such other and further relief as this Court may deem appropriate and equitable.

Mandaue City July 30, 2008 J. M. Pareja  

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