Facts
The appellant [M.] filed a request for precautionary taking of evidence under Art. 158 CPC against [X. AG] with the District Court of Hochdorf. He requested the examination of six witnesses on issues related to a work accident on 26 April 2004. The District Court dismissed the request. The High Court of the Canton of Lucerne also dismissed the appellant's appeal against the first instance decision. The appellant then filed a civil law appeal with the Federal Supreme Court, requesting that the High Court's decision be overturned and the requested precautionary taking of evidence be carried out.Considerations
The Federal Supreme Court dismissed the appeal. It stated that the lower instance had neither violated the prohibition of arbitrariness nor the right to be heard by considering the alleged impending loss of evidence as not credible. The diminishing memory of witnesses over a longer period of time alone does not justify a precautionary taking of evidence. The lower instance also rightly considered the appellant's worthy interest as not credibly demonstrated, as the factual representations of…