Facts
On 10 October 1967, Franz Liniger was driving his vehicle on a secondary road towards Eich. A truck was stopped at the side of the road, about 30 cm from the right edge, with its engine off and its right turn signal on. The truck driver had left the cab to check a nearby construction site. Liniger did not see the truck in time and collided with its rear, resulting in serious injuries for him and his son.
The court of first instance dismissed Liniger's claim against Assicuratrice Italiana, the insurer of the truck owner, due to a serious fault on the part of Liniger. The court of appeal upheld this judgment, considering that the truck was not in operation at the time of the accident and that the truck driver had not committed a fault.
Considerations
The Federal Court examined the question of whether the insurer of the truck owner was liable for the damage suffered by Liniger. It considered that the insurer was liable, as the insurance contract covered the civil liability of the vehicle owner, regardless of the content of the insurance contract.
The Federal Court also examined the question of whether the truck was in operation at the time of the accident. It considered that the truck was not in operation, as it was stopped at the side of the road and its engine was off. The Federal Court estimated that the truck driver had not…