Facts
On December 10, 1990, a traffic accident occurred on the A8 motorway near the Lopper Tunnel, in which the Jeep Cherokee of W.B. collided with the milk tanker truck of C. W.B. was fatally injured. The criminal proceedings against C. for negligent homicide were dismissed, as no fault could be proven against him.
The widow and sons of the deceased W.B. then sued the liability insurance of the truck owner (X. Insurance) for damages and satisfaction in the amount of a total of CHF 2,108,080.55. The Cantonal Court of Obwalden partially upheld the claim and awarded the plaintiffs an amount of CHF 188,299.80. Subsequently, the High Court and the Federal Court reduced the amount to CHF 178,663.70.
Considerations
The Federal Court stated that according to Art. 61 para. 1 RTA, the damage is imposed on the owners of all vehicles involved in proportion to the fault attributable to them, unless special circumstances, in particular the operational risks, justify a different distribution.
In the present case, no fault was attributed to the vehicle drivers. The fault of the garage mechanic who had incorrectly adjusted the brakes…