Facts
On May 16, 2006, X. ran over and killed V., aged 89, as she was crossing the road. X. was criminally convicted of negligent homicide and civilly ordered to pay the funeral expenses as well as damages to the victim's children. The latter appealed the civil decision, contesting the reduction of the funeral expenses due to V.'s advanced age.
The Federal Tribunal upheld the appeal. It ruled that the person responsible for the death must reimburse the full funeral expenses, without being able to reduce them on the grounds that the victim was elderly and the expenses would have had to be borne in any case a few years later.
Considerations
According to the Federal Tribunal, Article 45(1) of the Swiss Code of Obligations clearly provides that damages must include burial expenses, without the possibility of reducing them due to the victim's age. This literal interpretation prevails, despite divergent doctrinal opinions.
The Federal Tribunal considered that engaging in speculations about…