This case has been cited 1 times or more.
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2012-12-05 |
PEREZ, J. |
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| With the foregoing, the following were clearly established, to wit: (1) petitioner stayed in the hotel's swimming pool facility beyond its closing hours; (2) she lifted the folding wooden counter top that eventually hit her head; and (3) respondents PHI and DTPCI extended medical assistance to her. As such, no negligence can be attributed either to respondents PHI and DTPCI or to their staff and/or management. Since the question of negligence is one of fact, this Court is bound by the said factual findings made by the lower courts. It has been repeatedly held that the trial court's factual findings, when affirmed by the Court of Appeals, are conclusive and binding upon this Court, if they are not tainted with arbitrariness or oversight of some fact or circumstance of significance and influence. Petitioner has not presented sufficient ground to warrant a deviation from this rule.[86] | |||||