Facts
On August 8, 1950, Barbara Döbeli, a 3-year-old girl, was struck by the vehicle of Anton Bürli while crossing the road. She suffered a serious head injury with cerebral contusion. Barbara's father filed a tort action against Bürli on behalf of his daughter. The court of first instance partially granted the claim but refused to rule on compensation for permanent disability and moral damages. Both parties appealed.Considerations
1. According to the Federal Tribunal, the driver Bürli was at fault for approaching a group of children at approximately 45 km/h without using his warning devices and without slowing down sufficiently. Although the exact extent of the future consequences of the injury has not yet been definitively established, the victim is entitled to full compensation for the permanent damage observed. Pursuant to Art. 46(2) CO, the judge may, however, reserve the revision of the judgment for up to two years. 2.…