Facts
The case concerns the claim for compensation for loss of support following the death of Berthe Blein, wife of François Blein. Berthe Blein died on October 10, 1976, as a result of a traffic accident caused solely by the fault of Pierre Mercadier, insured for civil liability with Continentale S.A. François Blein, Berthe's husband, claimed compensation for loss of support from Mercadier and Continentale.
The cantonal courts dismissed the claim, considering that François Blein had not had to reduce his standard of living since the death of his wife and therefore did not need compensation to live in the same conditions as if his support had not died. François Blein then appealed to the Federal Tribunal.
Considerations
The Federal Tribunal upheld the appeal and ordered the defendants to pay François Blein the sum of 81,600 francs with interest at 5% from October 10, 1976.
According to case law, the wife is considered the support of her husband within the meaning of Art. 45 para. 3 CO, even if she only keeps house, insofar as her contribution through her domestic work exceeds what she receives from her husband, so that her death forces the latter to reduce his standard of living.
To determine the economic value of the services the deceased would have provided without the death to the survivor, the Federal Tribunal estimated that Berthe Blein's domestic work represented approximately 18 hours per week, or 936 hours per year. Considering an hourly wage of 15 francs, the gross loss of support suffered by François Blein amounts to 1,170 francs per month.
Regarding the expenses saved by the death, the Federal Tribunal applied a rate of…