Facts
On December 22, 1954, Germain Chardonnens, a trolleybus driver in Fribourg, borrowed the car of the dairy farmer Savary. Accompanied by his son Bernard, his son-in-law Léonard Introzzi and his friend Roger Dévaud, Germain Chardonnens took the wheel and drove to Gletterens. On the return journey, in heavy rain, the car swerved and crashed into a tree, causing the death of Germain Chardonnens, Roger Dévaud and Léonard Introzzi. Only Bernard Chardonnens, although injured, survived the accident.
The National Accident Insurance Fund covered the incident insofar as it had deprived Chardonnens' widow and her minor children of their support. Zurich, the general insurance company, insured Savary in his capacity as the responsible owner, and the driver of the vehicle.
Marthe Chardonnens, her son Bernard and her daughter Jacqueline, as well as Liliane Stucky, Germain Chardonnens' second daughter and Léonard Introzzi's widow, sued Zurich for compensation. Zurich concluded to dismiss the claims and counterclaimed against the heirs of the deceased driver for reimbursement of what it might still be required to pay.
Considerations
The Court of Appeal of the Cantonal Tribunal of the State of Fribourg dismissed the claims of Marthe and Bernard Chardonnens, Jacqueline Junta and Liliane Stucky, and upheld that of Tristan Introzzi to the extent of 23,315 francs in capital. It jointly and severally condemned Bernard Chardonnens, Jacqueline Junta and Liliane Stucky, heirs of Germain Chardonnens, to reimburse Zurich 23,315 francs paid to Tristan Introzzi and a portion, set at 10,000 francs, of the compensation paid to settle the Dévaud case.
The Court of Appeal considered that Germain Chardonnens' gross negligence was opposable to his heirs and that clause 3 letter c of the general insurance…