Facts
On 23 April 1986, A. was involuntarily admitted to the sanatorium Y. operated by X. AG. On 22 April 1996, A. brought a claim against X. AG for 2 million Swiss francs in damages and satisfaction. On 26 August 1999, X. AG filed a lawsuit with the District Court of Zurich, requesting a declaration that A. had no claims against it arising from his medical treatment at the sanatorium Y. from 23 April 1986 to 20 June 1986.
The District Court of Zurich upheld the claim. The High Court of the Canton of Zurich overturned the judgment and remanded the case to the lower court for further proceedings and a new decision. The High Court concluded that the limitation period for tort claims had expired. However, any claims the defendant may have against the plaintiff based on the medical treatment were of a quasi-contractual nature and therefore not yet time-barred.
The plaintiff appeals the remand decision to the Federal Supreme Court, requesting its annulment and confirmation of the first-instance judgment. The defendant requests the dismissal of the appeal.
Considerations
The defendant derives his claims against the plaintiff from tortious acts, in particular from criminal offenses such as grievous bodily harm, simple bodily harm, coercion, deprivation of liberty, abuse of authority, and usurpation of authority.
The Federal Supreme Court upholds its previous case law that the interruption of the limitation period under Art. 135 CO triggers a new time limit equal to the original longer criminal statute of limitations, provided the…