Kernrechtsfrage
Whether the cantonal court correctly calculated the plaintiff's loss of earnings despite finding 50% residual earning capacity and no failure to mitigate.
Extrahierter Entscheid
The calculation was internally inconsistent and legally flawed because actual past income had to be used unless a proven duty-to-mitigate breach justified imputing theoretical income.
Extrahierte Begründung
Under Art. 46 OR, damage must be assessed as the concrete economic loss. Since the court expressly denied any non-accident factors and any mitigation breach, it could not nevertheless replace actual income with a theoretical 50% earning level when actual earnings were lower.