Facts
The plaintiff and the defendant got into a dispute over their dogs on October 4, 1995, during which the defendant hit the plaintiff and threw her to the ground. The plaintiff suffered pain in various parts of her body and developed a pain syndrome. The defendant was found guilty of simple bodily harm and the plaintiff was referred to the civil court to assess her claim for damages and compensation.
The District Court ordered the defendant to pay the plaintiff compensation of CHF 15,000.-- and found that the defendant was 75% liable for damages. The Court of Appeal increased the compensation amount to CHF 19,000.-- and reduced the liability for damages to 95%.
The plaintiff filed a federal appeal and requested that the compensation amount be increased to at least CHF 35,000.-- and that the liability for damages be established at 100%.
Considerations
The Federal Court examined the question of whether the plaintiff's constitutional predisposition justified a reduction in the claim for damages. It found that the lower court had considered the plaintiff's predisposition as a secondary cause of the damage and had reduced the claim for damages by 5%.
The Federal Court found that the plaintiff's constitutional predisposition could not be considered as a contributing coincidence that could influence the calculation of the damage or the assessment of the claim for damages. It found that the accident was predominantly causal for the current symptoms and that the plaintiff's predisposition had only contributed to a small…