Widow sues Osmeña, firm
By Vincent Mayol
Cebu Daily News
First Posted 13:15:00 11/12/2008
Filed Under: Local authorities, Justice & Rights
CEBU CITY, Philippines - A widow filed a civil case against Cebu City Mayor Tomas Osmeña and a construction company for the death of her husband who was killed after the bicycle he was riding hit a manhole cover on P. del Rosario Street Cebu City early this year.
Elizabeth Luban, a mother of six children, is asking the defendants to pay an indemnity for the death of her husband Sabas Luban in the amount of P50,000, indemnity for the loss of earning capacity of the deceased in the amount of P1,067,330.
The complainant is also seeking P65,000 as actual damages, P200,000 as moral damages, and P100,000 as exemplary damages.
About 7 p.m. on April 27, Sabas, who worked as security guard, was traveling P. del Rosario on board a bicycle on his way to work.
Sabas hit a manhole cover causing the bicycle to fall on its side.
Sabas was thrown off from his bicycle.
He was brought to a hospital where he died while being treated.
Luban said the area was dark and that there was no early warning device that could caution motorists of the presence of the manhole.
The complainant said that under the law, provinces, cities and municipalities shall be liable for damages for the death of or injuries suffered by any person of the defective roads, streets, bridges, and other public projects that are under their control.
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