Facts
On November 26, 1983, a traffic accident occurred in Wettingen (AG) between the passenger cars of [H.] and A. Both vehicles were damaged and some occupants were slightly injured. A. was insured for third-party liability with the Zurich Insurance Company, [H.] with Winterthur-Accident. Both drivers were reported by the Aargau Cantonal Police for violation of traffic regulations.
On May 23, 1985, [H.] filed a lawsuit with the District Court of Zurich against the Zurich Insurance Company for payment of CHF 3,000 plus interest as compensation for the damage to his vehicle. The defendant disputed the local jurisdiction of the court.
Considerations
The Federal Supreme Court had to decide whether [H.] was entitled under Art. 84 RTA to bring his claim at the domicile of the opposing party's insurer, or whether he would have had to choose the court at the accident site.
The Federal Supreme Court stated that Art. 84 RTA aims to create a uniform court jurisdiction at the accident site in order to avoid conflicts from the coexistence of different cantonal court jurisdiction regulations. This…