Facts
The plaintiff G., a German emigrant, was treated by the defendant doctor Y. in Zurich from 1938 onwards. On July 22, 1938, Y. injected the contrast medium Thorotrast into the artery of G.'s right arm to prepare for an operation. This led to health damage in G., which only became apparent years later. In 1958, G. sued Y. for damages and satisfaction. The lower instances dismissed the claim as time-barred.Considerations
1. The Federal Court held that the ten-year statute of limitations under Art. 127 CO for claims for damages and satisfaction for breach of contract begins to run regardless of whether the creditor knows the damage and the person liable to pay compensation. The statute of limitations applies even if the creditor is unaware of the facts underlying his claim. 2. The plaintiff argued that his claims only became due in 1955 when the consequences of the treatment became apparent. The Federal Court rejected this. Claims for damages and satisfaction for breach of contract…