Facts
On 17 August 1977, a traffic accident occurred on the road of the Grand-Saint-Bernard, between Martigny and Bovernier, under the Tiercelin gallery. A criminal investigation opened against driver M. resulted in a decision of no grounds for prosecution. A civil lawsuit was brought by the widow and brother of the victim against M. and his liability insurer, Erste Allgemeine Versicherungs-Aktiengesellschaft (Erste Allgemeine). The Cantonal Court of Valais jointly condemned M. and Erste Allgemeine to pay various indemnities to the plaintiffs. Erste Allgemeine then sued the State of Valais for payment, alleging a defect in the road, owned by the defendant, as well as the fault and unlawful conduct of its organs.Considerations
The Federal Court partially upheld Erste Allgemeine's claim. It considered that Art. 58 CO, which governs the liability of public law entities for roads open to traffic, was applicable in this case. According to Art. 60(2) RTA, the damage must be apportioned between the responsible persons involved in the accident, based on all the circumstances. The Court therefore apportioned the damage at 1/3 to the State of Valais and 2/3 to the owner of the vehicle driven by M. It thus recognized Erste Allgemeine's right to reimbursement of 1/3…