Facts
On October 25, 1980, [B.] was driving his Porsche Carrera car when he lost control of his vehicle, which destroyed a tree and overturned over a wall. The car was severely damaged. [B.] had his car repaired by the Porsche factory in Stuttgart, which issued an invoice of 23'604.93 DM, or 21'504 francs 05. [B.] also paid 1'128 francs 90 to customs.
On January 26, 1982, [B.] filed an action for payment of 21'504 francs 05 and 1'128 francs 90, with interest, against the Municipality of Lausanne, the owner of the road, whom he accused of a defect in construction or maintenance.
The Municipality of Lausanne invoked the statute of limitations, contested its liability, and set off a claim of 760 francs for the replacement of the tree.
Considerations
The Federal Tribunal upheld B.'s appeal and annulled the judgment of the cantonal court, which had dismissed the claim on the grounds of prescription.
According to the Federal Tribunal, B.'s action is based on Art. 58 CO, to the exclusion of any provision of the Road Traffic Act. Consequently, the two-year prescription period provided for in Art. 83 LCR is not applicable.
The Federal Tribunal considered that [B.] did not necessarily have knowledge of the…