Key legal question
Whether the cantonal court arbitrarily assessed the expert evidence by rejecting a possible sleep attack as the cause of the collision.
Extracted holding
No. The Federal Court held that the cantonal court's assessment of the expert report was not manifestly untenable.
Extracted reasoning
The expert noted a longstanding excessive daytime sleepiness and considered alcohol and Efexor capable of increasing sleepiness. In that light, the conclusion that the appellant should have foreseen the risk of a sleep attack after drinking and taking the medication was not arbitrary.