Facts
The appellant, [A. AG] , is a liability insurance company that had insured the accident of the injured party [B.] on September 28, 1993. The injured party suffered injuries and later a traumatic brain injury in a traffic accident. The Suva and the IV granted him pensions and compensation for integrity. The injured party demanded compensation of CHF 29,999.-- plus interest from the appellant. The District Court of Willisau and the Cantonal Court of Lucerne awarded him CHF 8,189.60. The appellant filed an appeal in civil matters and a subsidiary constitutional appeal.
The appellant argued that the claim asserted by the injured party was already time-barred and that the accident of September 28, 1993, was not causally related to the complaints asserted by the injured party after 2002. It relied on the leading decision BGE 141 V 281 and argued that the diagnostic requirements and evidentiary requirements for the medical determination of the disability value in psychosomatic illnesses defined therein also applied in liability law.
Considerations
The Federal Court decided that the appeal in civil matters was inadmissible because the amount in dispute of CHF 30,000.-- was not reached and no question of law of fundamental importance was raised. The appellant had argued that the question of whether the diagnostic requirements and evidentiary requirements for the medical determination of the disability value in psychosomatic illnesses defined in the leading decision BGE 141 V 281 also applied in liability law was a question of law of fundamental importance.
However, the Federal Court found that this question was not of fundamental importance because it was limited to the application of principles of case law to a specific…