Facts
According to the plaintiff's account, she suffered two road traffic accidents, both of which caused whiplash injuries and resulted in a total disability of 40%. On 30 December 2005, her vehicle was rear-ended in Zurich, and on 11 June 2008, her partner had to brake hard in the Zurich Oberland region due to a fox. The plaintiff sued the liability insurers of the parties involved in the accidents for satisfaction.
The High Court of the Canton of Zurich dismissed the plaintiff's appeal and confirmed the decision of the District Court of Winterthur not to enter into the claim against the defendant 2 (V. AG). It denied the requirements for a simple joinder of parties pursuant to Art. 71 para. 1 CPC, as the two accidents occurred independently of each other at different locations and at different times, and there was no common causation of the health impairment.
Considerations
The Federal Supreme Court confirmed the rejection of the joinder of parties. It stated that for a factual connection under Art. 71 para. 1 CPC, the similarity of the facts that led to the emergence of the disputed rights and obligations is essential. Since the two accidents occurred independently of each other, different evidence would be required to establish the specific course of the accidents. A simplification of the proceedings or avoidance of contradictory judgments was therefore not apparent.
The Federal Supreme Court also denied a legal connection.…