Page 8 - OBLICON Activity-Case Booklet

DIAGNOSTIC EXERCISES

Case 6.0

Negligence

Case: Dr. Pablo booked passage with Alitalia, an Italian airline company. She arrived in
Milan on the day before the meeting in accordance with the itinerary set for her by

Alitalia. She was however told by the Alitalia personnel there at Milan that her luggage

was "delayed in as much as the same in one of the succeeding flights from Rome to
Milan.” Her luggage consisted of two (2) suitcases: one contained her clothing and

other personal items; the other, her scientific papers, slides and other research

material. But the other flights arriving from Rome did not have her baggage on board.

Feeling desperate, she went to Rome to try to locate her bags herself. There, she
inquired about her suitcases in the domestic and international airports, and filled out

the forms prescribed. However, her baggage could not be found. Completely

distraught and discouraged, she returned to Manila without attending the meeting in
Ispra, Italy. As it turned out, Dr. Pablo's suitcases were in fact located and forwarded

to Ispra, Italy. And for some reason, the suitcases were not actually restored to Prof.

Pablo by Alitalia until eleven (11) months later.

Is Dr. Pablo entitled to damages for the negligence of Alitalia?

Answer:

_______________________________________________________________________