Facts
The plaintiff B. was self-employed as the owner of a garage. He was involved in a total of four traffic accidents for which he was not responsible. On March 17, 1994, a following vehicle collided with the rear of the vehicle driven by the plaintiff, causing significant damage to it. The owner of the following passenger car was insured for liability with the defendant A. AG.
On December 23, 2006, the plaintiff filed a lawsuit against the defendant A. AG, requesting that it be ordered to pay him CHF 500,000 in damages and satisfaction for the accident of March 17, 1994, plus 5% interest from December 23, 2006, expressly reserving the right to file a subsequent claim.
Considerations
The Federal Supreme Court decided that the plaintiff can claim a quantitative part of his entire damage resulting from the personal injury without having to limit his claim to specific items of damage. However, the plaintiff must prove the damage in order to justify his claim for monetary performance and, for this purpose, allege further factual elements to…