Facts
On November 1, 2002, the 17-year-old C.Y. died in a traffic accident caused by D. on the A 14 motorway in Z. The parents of the accident victim, A.Y. and B.Y., were informed about the accidental death of their son by acquaintances on the night of the accident. The respondents filed a partial claim against the X. Insurance AG, the liability insurer of the accident perpetrator, at the Cantonal Court of Zug on May 20, 2009. They requested that the appellant be ordered to pay the respondent CHF 37,436.55 and the respondent CHF 38,544.70, each plus interest, for loss of earnings and household damage, as well as for satisfaction allowance, for the 12 months from January 1, 2005 to December 31, 2005. They argued that the painful and sudden loss of their son and the distressing accompanying circumstances had caused them a shock, from the consequences of which they had not been able to recover to this day.Considerations
The Federal Court confirmed that the appellant is liable for any possible shock damage of the respondents pursuant to Art. 58 and 65 of the Swiss Road Traffic Act (SVG). According to the case law of the Federal Court in BGE 112 II 118 (the so-called "Hunter judgment"), persons who suffer a shock as a result of the news of the accidental death of a relative are to be regarded as directly injured by the accident event and can in principle claim compensation and satisfaction for their own impairment of health from the perpetrator of the accident. This case law is also applicable to cases in which the liability is based on Art. 58 SVG.
The appellant argued that Art. 58 SVG requires direct damage caused by the operation of a motor vehicle, which would limit the circle of persons entitled to compensation to those directly involved in the accident. However, the Federal Court rejected this argument. It stated that the case law in the Hunter case is applicable to…