Question juridique clé
Whether the cantonal court had arbitrarily preferred the treating surgeon's testimony over the private expert report.
Solution extraite
No. The cantonal court could rely on the surgeon's direct and detailed testimony and treat the private expert's later report as less conclusive.
Motifs extraits
The surgeon had operated on the patient and examined him directly, whereas the private expert only reviewed the file. His supplementary opinion was less categorical and thus could be weighed against him without arbitrariness.