Facts
The case concerns an accident between a pedestrian (respondent) and a tram of the city of A. (appellant). The respondent was seriously injured in a collision with the tram on February 20, 2019. He subsequently filed a partial claim against the city of [A.] for payment of satisfaction.
The District Court of Zurich ruled that the city of [A.] is liable in principle for the accident of February 20, 2019. The appeal filed by the city of [A.] against this was dismissed by the High Court of the Canton of Zurich. The city of [A.] then filed a civil law appeal to the Federal Supreme Court.
Considerations
The Federal Supreme Court upholds the appeal and affirms the existence of gross negligence on the part of the respondent, which interrupts the adequate causal link between the operation of the tram and the injuries of the respondent.
According to the binding findings of the lower courts, the respondent was standing at the tram stop with his back to the approaching tram and was looking at his mobile phone before suddenly entering the track area without…