Mall mgt. asks court to junk case, files counter-charges-A A +A
Saturday, December 7, 2013
A MALL management has asked the Regional Trial Court to dismiss for lack of merit the P14.5-million damage suit filed by the mother of slain shopper Mario Alfie Ducayag in July.
Vicsal Development Corp., operator of Metro Gaisano Colon, said the amended complaint filed by Fe Soledad, Ducayag’s mother, ought to be dismissed for lack of cause of action.
Vicsal lawyers Deolito Alvarez and Laiza Kristel Gingoyon also sought P3.450 million in counter-claims.
“Defendant (Vicsal Devt.) did not commit any unlawful act, nor any anti-social act for the sole intent of injuring the plaintiff,” read the mall’s answer to the complaint.
Fe Soledad, Ducayag’s mother, filed the P14.5-million damage suit against Vicsal Corp. and its three former security personnel for the death of her son last April 12.
The former security personnel were the store’s former chief security officer Mauricio Doblados Jr., former security camera operator Jeffrey Aquino and former house detective Melvin Boyles.
Ducayag was accused by the store’s security personnel of stealing a pair of slippers last April 12.
However, his family insisted Ducayag already paid for the items as indicated in the cashier’s machine.
While he was questioned inside the security office, Ducayag reportedly collapsed and started frothing in the mouth. He died minutes later.
The mall management asked for counter-claims for filing a “malicious and unfounded” suit, which allegedly besmirched its reputation it “built through hard work and great expense.”
Published in the Sun.Star Cebu newspaper on December 08, 2013.