Questione giuridica chiave
Whether the appellant was entitled to legal aid for the cantonal appeal proceedings
Decisione estratta
No. The appeal was deemed hopeless, and the appellant had not sufficiently shown indigence at the relevant time.
Motivazione estratta
Under Art. 117 ZPO and Art. 29 Abs. 3 BV, legal aid requires indigence and non-hopeless prospects. The Federal Supreme Court upheld the view that the challenge to the expert report and causation findings offered no realistic chance of success.