Mercury Drug v. Baking

MERCURY DRUG CORPORATION v. SEBASTIAN BAKING

2007 / Sandoval-Gutierrez / Petition for review on certiorari of CA decision and resolution

The cause > Different categories > Proximate

Sebastian Baking went to Dr. Cesar Sy’s clinic for a medical check-up. The next day, after undergoing several tests, Dr. Sy found that Baking’s blood sugar and triglyceride levels were above normal, so he gave him 2 medical prescriptions—Diamicron (blood sugar) and Benalize (triglyceride). Baking went to Mercury Drug Alabang branch to buy the medicines. However, the saleslady misread the prescription as Dormicum, a potent sleeping tablet, so that was what was sold to Baking. Unaware that he was given the wrong medicine, Baking took one Dormicum pill a day for 3 days.

On the 3^rd day of taking the medicine, Baking figured in a vehicular accident, as his car collided with Josie Peralta’s car. Baking fell asleep while driving, and he could not remember anything about the collision nor felt its impact. Suspecting that the tablet he took may have a bearing on his state at the time of the collision, he returned to Dr. Sy, who was shocked to find that what was sold to Baking was Dormicum.

Baking filed a complaint for damages against Mercury Drug. RTC rendered its decision in favor of Baking. CA affirmed RTC.

MERCURY DRUG EMPLOYEE GROSSLY NEGLIGENT IN SELLING DORMICUM

To sustain a claim based on NCC 2176, the following requisites must concur:

• Damage suffered by plaintiff
• Fault or negligence of defendant
• Connection of cause and effect between A & B

The drugstore business is imbued with public interest. The health and safety of the people will be put into jeopardy if drugstore employees will not exercise the highest degree of care and diligence in selling medicines. The care required must be commensurate with the danger involved, and the skill employed must correspond with the superior knowledge of the business which the law demands.

            Considering that a fatal mistake could be a matter of life and death for a buying patient, the employee should have been very cautious in dispensing medicines. She should have verified WON the medicine she gave was what was prescribed by Dr. Sy.

MERCURY DRUG ALSO LIABLE UNDER NCC 2180

It failed to prove that it exercised the due diligence of a good father of a family in the selection and supervision of the employee

PROXIMATE CAUSE OF THE ACCIDENT – NEGLIGENCE OF DRUGSTORE EMPLOYEE

• Proximate cause – any cause that produces injury in a natural and continuous sequence, unbroken by any efficient intervening cause, such that the result would not have occurred otherwise; determined from the facts of each case, upon a combined consideration of logic, common sense, policy and precedent
• Vehicular accident could not have occurred had the drugstore employee been careful in reading the prescription; without the potent effects of Dormicum, a sleeping tablet, it was unlikely that Baking would fall asleep while driving his car, resulting in a collision

AWARD – 50k moral damages, 25k exemplary damages