Kernrechtsfrage
Whether the appellate court's factual findings about the driver's perception and braking behavior were arbitrary
Extrahierter Entscheid
Yes. The appellate court's assessment of the evidence was arbitrary in several respects, especially regarding when the pedestrian's crossing intention became recognizable and whether the driver reacted in time.
Extrahierte Begründung
The driver herself said she noticed the pedestrian only at the collision; the witnesses and expert report indicated an unbraked approach. The appellate court selectively relied on the most favorable hypothesis and ignored relevant circumstances such as the stroller movement, the child carried on the arm, and the witness C.'s account.