Gr.2 Answer
Gr.2 Answer
ANSWER
Please refer to attached pictures on Annex “1” showing that Plaintiff was not
allowed to cross that portion of the road.
3. That defendant denies paragraph 5 as plaintiff failed to establish
that defendant, in a careless, reckless and imprudent manner, was driving the
vehicle at a speed greater than what is reasonable and proper, causing the
incident.
DEFENSES
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10.1 Plaintiff claimsin Paragraph 11 of her Complaint that
while she was approaching the pedestrian lane, defendant
driver did not show any sign of slowing down his speed.
10.3 The fact that she did not cross at the pedestrian lane is
determinative of who is at fault for the injuries that she
sustained. Judicial notice may be taken that the
designated area where a pedestrian may cross is the
pedestrial lane. The purpose of the said lane is to give
warning or precaution to drivers that they have to be
observant of possible pedestrians crossing the said lane.
Hence, the plaintiff’s act of crossing the street outside the
designated area was the very reason why she was hit by
the defendant. Besides, the greenlight was “on” when
defendant accidentally hit her.
10.4 It is also noteworthy that that there was no report that the
defendant was overspeeding nor was violating any traffic
rules at the time the accident happened. Plaintiff’s claim
that defendant was over speeding was just a self-serving
and relative statement. The truck might have appeared to
her to be driven at a speed greater than the limit, but the
truth is, defendant was driving within the speed limit.
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flowing along the national highway of Bantay, Ilocos
Sur.
10.7 The claim for attorney’s fees (Php 50,000) and litigation
expenses (Php 25,000) are not only baseless. The
amounts are exorbitant and unconscionable.
COUNTERCLAIMS
TIMELINESS
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PRAYER
2. DISMISS the complaint for utter lack of merit and for being baseless;
4. GRANT such other relief consistent with law and equity, and for
costs.
By:
(sgd.)
KAYE-ANN B. BUENAVISTA
Counsel for the Defendant
Roll No. 12233, 20 January 2020
IBP Lifetime No. 0223341
PTR No. 1234567, 7 January 2021, Ilocos Sur
MCLE Certificate No. 887766, 31 December 2022
Email address: [email protected]
(sgd.)
ERNALYN R. ALARCA
Counsel for the plaintiff
Roll No.: 123456, 10 January 2020
PTR No.: 56464 Vigan City
IBP No.: 45245 Vigan City
MCLE Compliance No.: 50437
Email Add: [email protected]
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Copy furnished: