Facts
The Altstadt Insurance Corporation (Plaintiff) is suing the Canton of Bern (Defendant) for reimbursement of insurance benefits amounting to around 676,000 Swiss francs, which it paid to the victims of a serious traffic accident. The accident occurred on August 5, 1961, when the driver Bruno Kohler, who only had a learner's driving permit, was driving without a responsible accompanying person.
The Plaintiff claims that Bernese state officials acted negligently and culpably in issuing the vehicle registration for Kohler's used car, granting the learner's driving permit, and supervising Kohler's driving behavior, which led to the accident. The Defendant disputes that its conduct was adequately causally related to the damage incurred.
Considerations
The Federal Supreme Court first examines whether the Bernese officials violated their official duties:
- The issuance of the vehicle registration without prior inspection of the vehicle's condition was not a breach of duty, as the law did not require such an inspection when transferring the registration to a new owner.
- However, the Cantonal Penalty Control acted negligently by not reporting two of Kohler's prior convictions to the Motor Vehicle Office. The Motor Vehicle Office should have then conducted more thorough background checks and postponed the issuance of the learner's driving permit until the conclusion of new criminal proceedings against Kohler.
- The police were obligated to revoke Kohler's learner's driving permit when they caught him…