Insurer Liability Appeal Regarding Quantification of Contributory Negligence

A suit arose from an accident where a pedestrian was struck by a vehicle driven by an insured individual, leading the insurer to appeal a lower court ruling that held them fully liable for damages, arguing that the trial court erred in not considering the shared fault of the victim, as the trial court had only found the victim partially responsible without explicitly stating the exact percentage of fault. The Court of Cassation rejected the appeal, reasoning that when a lower court finds shared responsibility in an accident, the assessment of the precise degree of fault for each party is a matter of factual appreciation belonging solely to the trial judge, and absent a demonstrable error in the legal reasoning concerning the principle of shared responsibility, the appellate court cannot substitute its own judgment for that of the trial court regarding the quantification of contributory negligence.