On April 26, 1988, spouses A and B and their minor children C and D, boarded at Mangagoy, Surigao del Sur, an XYZ Liner bus bound for Davao City. Along Picop Road in Km. 17, Sta. Maria, Agusan del Sur, the left front tire of the bus exploded. The bus struck a tree. The incident resulted in the death of A and physical injuries to other passengers. On November 21, 1988, a complaint about a breach of contract of carriage, damages, and attorney's fees was filed by B and her children against XYZ Liner Bus XYZ Liner Bus tried to establish that the accident was due to a fortuitous event. G, who was the bus conductor when the incident happened, testified that the 42-seater bus was not full as there were only 32 passengers, such that he himself managed to get a seat. He added that the bus was running at a speed of "60 to 50" and that it was going slow because of the zigzag road. He affirmed that the left front tire that exploded was a "brand new tire" that he mounted on the bus on April 21, 1988, or only five (5) days before the incident. The XYZ Liner secretary, H, bought the new Goodyear tire from Davao Toyo Parts on April 20, 1988, and she was present when it was mounted on the bus by G. She stated that all driver applicants in XYZ underwent actual driving tests before they were employed, including H who drove the bus of A and B and their minor children. 

Question: XYZ Liner Bus is not liable because they did not commit any negligence, hence, the explosion of the tire, in this case, is a fortuitous event. True or False?

Answer rating: 100% (QA)

True A bus company must ensure ever... View the full answer