Case Study Number 2:

On 18 October 2010, XX accompanied her mother, YY, at McBee-Metropark Branch. XX and

YYY ordered some spaghetti and sundaes and that since the ground floor was already filled with
people, they decided to eat at the second floor of the establishment. On their way to the second floor
and when they reached the staircase, they noticed that there was a birthday party held at the second
floor and it was closed to the public. XX then asked a crew to find a table for them who (crew) then
told them that the party was about to end so they could go up and eat there.
However, on their way up, her mother-who went ahead of XX-met the McBee mascot who was
hurrying down with another crew member and while going down, the mascot (which was so big) hit her
mother by the shoulder. Her mother then lost her balance, missed four steps and hit her head,
shoulders, back and buttocks on each step of the staircase. Shocked by what happened, XX rushed to
her mother’s side and requested from a crew of McBee to call an ambulance. In the meantime, mother
complained of extreme back pain and could no longer stand up.
After the incident XX asked the management of McBee-Metropark Branch to pay the amount of
P100,000.00 in damages for the pain that her mother suffered and for the inconvenience caused by
the weekly physical therapy her mother was undergoing since the accident happened. But apparently,
the management of McBee is not bent on acceding to their demand. XX, however, acknowledged that it
was the management of McBee which paid for the hospital bills.
XX want to know if there is a basis for her to file a civil case against McBee as a result of the
injuries that her mother sustained after her mother fell from the food chain’s staircase.