Dismissal of the Plaintiff's Appeal against the Judgment of the Cantonal Court of Lucerne

Facts

On 19 September 2008, a collision occurred between the then 13-year-old Plaintiff, who was cycling, and a delivery van. The Plaintiff suffered a severe traumatic brain injury and will remain severely disabled for life. The Defendant is the motor vehicle liability insurer of the involved delivery van. The parties were able to settle the majority of the damages out of court and agreed on a liability ratio of the Defendant of 75%. However, the amount of lost earnings and pension damage remained disputed. With a partial claim, the Plaintiff requested that the Defendant be ordered to pay over CHF 2.5 million. The District Court ordered the Defendant to pay around CHF 2 million. The Defendant then appealed, whereupon the Cantonal Court of Lucerne partially overturned the judgment and ordered the Defendant to pay around CHF 1.36 million.

Considerations

The Federal Supreme Court dismisses the Plaintiff's appeal against the judgment of the Cantonal Court of Lucerne: - There is no violation of the principle of disposition under Art. 58(1) CPC, as the Defendant fully rejected the claim and the Cantonal Court did not award the Plaintiff less than…