[Discuss/answer the question below. Or see Civil Law Instructions; Civil Law Instructions; Civil Law Essay Questions: 1, 3, 4, 5, 6, 7, 8, 9 and 10; Civil Law Multiple Choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10; See also 2013 Bar Exam: Information, Discussions, Tips, Questions and Results]
A collision occurred at an intersection involving a bicycle and a taxicab. Both the bicycle rider (a businessman then doing his morning exercise) and the taxi driver claimed that the other was at fault. Based onthe police report, the bicycle crossed the intersection first but the taxicab, crossing at a fast clip from the bicycle’s left, could not brake in time and hit the bicycle’s rear wheel, toppling it and throwing the bicycle rider into the sidewalk 5 meters away.
The bicycle rider suffered a fractured right knee, sustained when he fell on his right side on the concrete side walk. He was hospitalized and was subsequently operated on, rendering him immobile for 3 weeks and requiring physical rehabilitation for another 3 months. In his complaint fordamages, the rider prayed for the award of P1,000,000 actual damages, P200,000 moral damages, P200,000 exemplary damages, P100,000 nominal damages and P50,000 attorney’s fees.
Assuming the police report to be correct and as the lawyer for the bicycle rider, what evidence (documentary and testimonial) and legal arguments will you present in court to justify the damages that your client claims? (8%)