Facts
- [A.] (Plaintiff, Appellant) had a panoramic restaurant built in 2008, which was planned to open on 22 December 2008. - On 20 November 2008, [B.] (Defendant 1, Respondent 1), a foreman of [C. AG] (Defendant 2, Respondent 2), caused a fire in which the restaurant was largely destroyed. - In his claim, [A.] asserted various claims for damages, including a commercial diminution in value of CHF 945,392.30 and one year of loss of use of CHF 253,280.35. - The Cantonal Court of St. Gallen dismissed these claims. [A.] then filed an appeal with the Federal Supreme Court.Considerations
- The Federal Supreme Court confirmed the rejection of the commercial diminution in value. Such a diminution in value can generally arise if the market values a repaired item lower after damage. In the present case, however, [A.] was unable to prove that such a diminution in value actually occurred upon the sale of the property to [D. AG] . - The Federal Supreme Court also rejected the compensation for an abstract loss of use of 5% of the invested capital. Such a loss of use is only provided for in Swiss…