Does a tortfeasor have a right to recover damages from a third party who was injured in a motor vehicle accident?
Alberta, Canada
The following excerpt is from Jones v. Schloss, 1999 ABQB 911 (CanLII):
Kirkham v. Boughey, [1958] 2 Q.B. D 338 where the court said: That his carelessness in causing personal injuries to one person to whom the duty to take reasonable care is owed has the inevitable consequence of causing damage to another person does not, of itself, give that other person a right to recover those damages from the original tortfeasor; he must show some legal duty owed by the tortfeasor to himself.
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