Questione giuridica chiave
Whether loss of earnings had to be calculated by comparing the pre-accident income of an independent restaurateur with the income actually earned after he later changed activity.
Decisione estratta
No. The court must estimate the income the injured person would likely have earned without the accident, including a probable change of occupation if such change was foreseeable.
Motivazione estratta
The restaurant business had already become irreversibly unsustainable before the accident. The cantonal court erred by relying only on the former self-employed income and ignoring the inevitable cessation of that activity and the likely move to salaried work.