Is there a need for physical or temporal proximity between a plaintiff and plaintiff in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Rhodes Estate v. Canadian National Railway, 1990 CanLII 5401 (BC CA):
To the extent that cases decided before Donoghue v. Stevenson may have suggested a need for physical or temporal proximity they have now to be reconsidered carefully. The key question is whether injury was suffered by someone “closely and directly affected” by the negligent act.
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