Questão jurídica principal
Whether the costs of acquiring and maintaining an artificial leg are included in compensation for diminished earning capacity.
Decisão extraída
No. Such costs are part of medical/healing expenses and are separately recoverable; they are not absorbed by the award for diminished earning capacity.
Fundamentação extraída
Healing costs comprise all reasonable expenses needed to alleviate the harmful consequences of the accident and restore health. In cases involving prostheses, both acquisition and maintenance serve that purpose, because the preserved earning capacity depends on keeping the prosthesis in working order. Since the compensation for diminished earning capacity did not fully cover the loss, the prosthesis costs could not be treated as included in the 5,000-franc award.