Tuesday 23 October, 2018
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McDo’s ‘Birdie’ knocks baby onto the floor—but SC blames his mom

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The Supreme Court (SC) has affirmed that a Cebuano franchisee of McDonald’s could not be held liable for negligence when its “Birdie” mascot knocked over a baby during a party in 2000.

In a recent 12-page decision, the SC 2nd Division denied the petition of Ed Dante and Mary Ann Latonio seeking the reversal of the Court of Appeals’ (CA) September 2012 ruling in favor of Cebu Golden Foods Industries, Inc.

The Latonios complained that Mary Ann placed their eight-month old child Ed Christian on a chair in front of the mascots so they could take a picture. But, Tyke Philip Lomibao, who was wearing the Birdie suit, extended its wings, causing the child to fall head first onto the floor.

The SC, however, blamed “Mary Ann’s negligence” as the proximate cause of her baby’s fall.

“Lomibao cannot possibly hold or grasp anything while wearing the thick Birdie mascot suit. In fact, even if he wanted to hold Ed Christian or anything, he could not possibly do so because he was wearing the Birdie mascot suit which do [sic] not even have hands or fingers to be able to hold or grasp firmly,” read the decision penned by Associate Justice Diosdado Peralta.

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