Questione giuridica chiave
Whether the claimant's current loss of earnings had to be calculated taking account of his 50% residual earning capacity.
Decisione estratta
Yes. The revenue he could still earn with his residual capacity had to be deducted at the outset; the lower court had wrongly computed the loss as if he were totally disabled.
Motivazione estratta
Under Art. 46 CO, damage is economic loss measured by diminished earning capacity. A residual capacity of 50% is economically usable and must be reflected in the loss-of-earnings calculation.