Passenger Injury During Sudden Braking Due to Unforeseen Obstacle

A dispute arose regarding the liability of a driver who, while operating a vehicle, caused injury to a passenger due to a sudden braking maneuver necessitated by an obstacle on the road, prompting the passenger to sue for damages based on the contract of carriage. The court rejected the appeal, affirming that the driver's sudden braking, though causing the injury, was justified by the necessity of avoiding an accident caused by an external, unforeseeable obstacle, meaning the driver was not at fault under the terms of the transport contract as the incident resulted from an unavoidable circumstance rather than a failure in their driving or the vehicle's operation.