Partial Annulment of the Judgment of the High Court of the Canton of Solothurn due to Negligent Grievous Bodily Harm

Facts

The appellant [X.] was driving his passenger car on the Oltnerstrasse in Winznau towards Obergösgen on May 19, 1997. At a distance of around 40 m, the 13-year-olds [Y.] and [Z.] were standing at the roadside in front of a pedestrian crossing. Although [X.] recognized the children in time and could have easily stopped, he continued to drive at the same speed. [Y.] then stepped onto the pedestrian crossing, where he was hit by the vehicle and seriously injured. The High Court of the Canton of Solothurn convicted [X.] of negligent grievous bodily harm and awarded [Y.] full compensation and satisfaction. [X.] filed a federal nullity appeal against this judgment.

Considerations

The Federal Court dismissed the nullity appeal in the criminal part. However, it partially annulled the judgment in the civil part and reduced the liability rate of the appellant [X.] from 100% to 80%.…