Facts
On 30 April 2001, [A.] , born in 1992, was lifted by the automatically opening garage door at a garage entrance in Kriens and trapped between the door and the lintel or garage ceiling in the area of the head and torso. [A.] sustained irreversible brain damage. The District Court of Lucerne-Land discontinued the proceedings against the respondents 1 and 2 for negligent serious bodily harm (Art. 125 para. 2 SCC) and for endangerment through negligent violation of the rules of construction (Art. 229 para. 2 SCC) due to the statute of limitations. The High Court of the Canton of Lucerne dismissed the nullity appeal filed against this by the appellant [A.] .Considerations
The Federal Supreme Court dismisses the nullity appeal, insofar as it is to be considered: 1. The repair contracts between [X. AG] and the property management did not concern safety elements whose defects could have been causal for the accident. The notes in the invoices on the repairs carried out do not contain any assurances that such elements had been checked and found to be in order. 2. [X. AG] as the manufacturer and installer of the garage door was not obliged to check the safety of the door after its delivery and to remedy or…