Facts
On June 10, 1971, Ms. X., a prostitute, suffered whiplash injuries to her cervical spine in a traffic accident. She sued the insurance company of the person responsible for the accident for loss of earnings until her 45th birthday and for satisfaction.
The District Court of Zurich awarded her a portion of the loss of earnings and satisfaction, but the High Court of the Canton of Zurich dismissed the entire claim for damages.
Considerations
Ms. X. appealed against the judgment of the High Court. She argued that as a prostitute, the loss of earnings due to the injury should be compensated.
The Federal Court held that the loss of earnings of a prostitute is generally to be compensated under Art. 46 para. 1 of the Swiss Code of Obligations. The immorality of prostitution does not preclude this, as the prostitute is entitled to compensation for the loss of earnings regardless of the immorality of her activity.
The High Court had wrongly denied the compensability of the prostitute's income. The Federal Court remands the case to the High Court for a…