MANILA, Philippines -- The Court of Appeals has ruled that the owner and an employee of a liquefied petroleum gas refilling plant should pay nearly P300,000 in damages to a customer who was badly burned when a fire engulfed the plant.
The appellate court upheld the decision of the Quezon City regional trial court finding the Capitol Allied Trading and Transport (Catgas) liable for negligence after one of its employees changed a light bulb while the plant was engulfed in gas vapors, thus causing a spark and starting the blaze.
The gas vapors escaped into the air because of the irregular transfer of LPG to an empty cylinder since the plant’s gas pump was broken.
According to the appellate court, Catgas owner Daniel Gutierrez and employee Eddie Fernandez were liable to LPG retailer Ronnie Sevillana for the second degree burns he suffered all over his body and his nearly one month hospital stay following the 1997 fire.
It affirmed the award to Sevillana of more than P232,000 in actual damages and P50,000 in moral damages.
In an April 30 decision, the appellate court said it was Fernandez’ fault that the fire started because he changed the light bulb without turning off the light switch.
The LPG vapors had seeped into the air because the gas pump at Catgas was broken and the Catgas employees were pulling the refilling pin while the gas was being transferred to the empty cylinders from the LPG storage tank.
Sevillana was at Catgas because he was having empty LPG cylinders filled.
He also said he remained at the Catgas refilling area, even though he was not supposed to be there, because the Catgas plant had no weighing scale to determine that the correct volume of gas was being transferred to the empty cylinders. Leila B. Salaverria