Questione giuridica chiave
Whether the loss of earnings and future loss had to be calculated on net income and with full social security deductions
Decisione estratta
The damage must be assessed on the basis of net income, but the cantonal court incorrectly deducted the wrong amounts for occupational pension contributions and self-employed social security contributions; the case had to be recalculated.
Motivazione estratta
The court reaffirmed that all employee social security contributions and the worker's share of occupational pension contributions must be deducted from gross income. For self-employed taxi income, AVS/AI/APG contributions must be based on net self-employed income under Art. 9 LAVS, not on an improvised gross 'salary'.