Questão jurídica principal
Whether the widow was entitled to loss-of-support damages under Art. 45(3) CO and in what amount
Decisão extraída
The widow suffered no compensable loss of support once the correct pre-accident income and the survivor pension were taken into account.
Fundamentação extraída
The court corrected two arbitrariness issues: the business income had to be averaged over five years, including 1997 at zero result, and the unpleaded CHF 24,000 rent could not be included. On that basis, the widow’s post-accident shortfall was fully covered by the annual survivor pension.