Woman sues city, construction firm for husband's death

CEBU - A woman has filed a civil case against Cebu City Mayor Tomas Osmeña and a construction company for the death of her husband who was killed when the bicycle he was riding hit a manhole cover on P. del Rosario Street, Cebu City last April.

Elizabeth Luban has asked Osmeña, the Cebu City Government and Jegma Construction to pay an indemnity for the death of her husband Sabas Luban in the amount of P50,000 and indemnity for the loss of earning capacity of the deceased in the amount of P1,067,330.

Aside from the indemnity, Elizabeth is also seeking P65,000 in actual damages; P200,000 in moral damages; and P100,000 as exemplary damages.

Last April 27, Sabas, who worked as security guard, was traveling along P. del Rosario on board a bicycle on his way to work when he hit a manhole cover causing the bicycle to fall on its side, throwing him off the bicycle.

Sabas was brought to the Cebu City Medical Center by the responding Emergency Rescue Unit Foundation but he died despite medical attention.

Elizabeth said the area was dark and there was no early warning device that could caution motorists of the presence of the manhole. The concrete manhole cover slab was left beside the manhole allegedly by the construction company.

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 due to the defective roads, streets, bridges, and other public projects that are under their control. – Jasmin R. Uy/WAB (THE FREEMAN)