Kernrechtsfrage
Whether the lower court arbitrarily found that the cyclist was not recognizable as a child
Extrahierter Entscheid
Yes. The child’s age, size, the open visibility of the intersection, and the child bicycle made recognizability as a child sufficiently evident.
Extrahierte Begründung
The appellate court held that the lower court ignored decisive circumstances and relied on irrelevant considerations; the finding that the child was not recognizable was arbitrary.