Key legal question
Whether the cantonal court could attribute 75% fault to the deceased victim and reduce the damages accordingly.
Extracted holding
Yes. The victim’s conduct in running a red light amounted to grave fault, and the 75% reduction stayed within the cantonal court’s margin of discretion.
Extracted reasoning
The Federal Court held that entering an intersection on red is grave negligence. The cantonal courts properly weighed the victim’s fault, the insurer’s insured driver’s conduct, and the traffic risk, and did not exceed their discretion.