Questão jurídica principal
Whether the shoulder rupture qualified as an accident-like bodily injury under Art. 9(2) UVV
Decisão extraída
No. Throwing the waste bag was an ordinary everyday movement without a sufficiently increased risk of injury; therefore no external factor was present.
Fundamentação extraída
Art. 9(2) UVV still requires the accident elements except unusualness, especially an objectively ascertainable external event with increased damaging potential. The slow rolling away of the truck did not turn the act into a distinct sinnfälliges Ereignis, and the medical diagnosis could not replace the missing external factor.