Facts
The appellant, [X.] , was working as a carpenter on a construction site in Zurich when he fell through an insulation mat between two beams on April 30, 1999, and suffered serious injuries. The respondent, [Y.] , was the construction manager on this site. The Zurich District Court acquitted [Y.] of the charge of negligent bodily harm and endangerment by violating the rules of construction. The Zurich Cantonal Court confirmed this judgment. [X.] then filed a federal appeal for annulment, requesting that the Cantonal Court's judgment be overturned.
The lower court found that the respondent, as construction manager, had not violated the recognized rules of construction and was therefore not liable for the appellant's bodily harm. The appellant argued that the lower court had violated Art. 229 SCC by acquitting the respondent.
Considerations
The Federal Court examined whether the lower court had violated federal law by acquitting the respondent of the charge of negligent bodily harm and endangerment by violating the rules of construction. The court found that the appellant had participated in the cantonal proceedings and that the respondent's acquittal of the charge of serious bodily harm affected the appellant's civil claims against him.
The court noted that the construction manager is generally responsible for complying with safety regulations, but only if he had recognized the danger to the workers and had not given the necessary instructions to secure the workplace. The court found that the lower court had bindingly established that the respondent had not recognized the danger to the workers and that the method of work on the 2nd floor had been chosen by the carpentry company.
The court concluded that the lower court had acquitted the respondent of the charge of violating the rules of…