Case Digest: Construction Development Corp. vs. Estrella, G.R. No. 147791, September 8, 2006
Torts and Damages | Damages Recit Ver: Rebecca G. Estrella and her granddaughter, Rachel E. Fletcher , were injured when their BLTB bus was rear-ended by a tractor-truck of Construction Development Corporation of the Philippines (CDCP) on the South Expressway. The collision pinned their knees to the seats in front of them, and they regained consciousness after being extricated by rescuers. They filed a complaint for damages against CDCP, BLTB, and their employees. RTC: Awarded: P79,254.43 in actual damages P10,000 in attorney's fees P50,000 for Rachel Fletcher in damages P25,000 for Rebecca Estrella in damages CA: Affirmed the trial court's decision but modified the damages. 6% annual interest on the actual damages of P79,354.43, starting from the filing of the complaint on February 4, 1980. The actual damages, in the form of hospital bills, were already liquidated and should accrue interest from the filing of the complaint. 30% of the total amount recovered was awarded ...