Facts
Mrs. Sonja Wirth, the wife of a construction engineer, suffered a whiplash injury following a traffic accident in 1963. As a housewife, she has since been generally disabled and can no longer perform her former occupation as a waitress. She therefore brought a tort action against the liability insurance of the company involved in the accident.Considerations
The Commercial Court of the Canton of Zurich granted Mrs. Wirth compensation for the household chores she can no longer perform herself, estimating this diminished earning capacity at 35%. However, the Court rejected Mrs. Wirth's other claims, considering them to be indirect damages to her husband for which the insurance was not liable.
The Federal Tribunal considers that the Commercial Court was wrong to refuse to examine the other alleged damages by Mrs. Wirth. Indeed, the housewife has a personal right to damages when other family members help her with tasks she can no longer perform. The Federal Tribunal therefore remands the case to the Commercial Court so that it can take the evidence offered by Mrs. Wirth and rule again on her other claims.
Regarding the possibility for Mrs. Wirth to have to resume a…