Facts
On 25 October 1993, [T.], then aged 15 years and 3 months, accepted to be a passenger on a motorcycle driven by his friend R., aged 16 years and 4 months. Around 11:20 pm, the driver lost control of the motorcycle and died from his injuries. [T.] sustained various injuries. The motorcycle was a stolen vehicle. [T.] filed a claim against the insurer of the vehicle holder, Zurich Assurances, to obtain compensation for material damage and moral prejudice. The cantonal courts dismissed his claim, considering that he had committed a serious fault by accepting to be a passenger of a driver without a driving license.Considerations
The Federal Tribunal partially upheld T.'s appeal. It considered that the vehicle holder, i.e. its insurer, is fully liable towards [T.] as an "innocent" passenger, in accordance with Art. 75 RTA. The fault of the thief or the driver is attributable to him.
Regarding compensation, the Federal Tribunal ruled that T.'s fault could not lead to the suppression of any right to compensation, but only to a reduction thereof in application of Art. 59(2) RTA. It referred the case back…