The infant plaintiff sued the defendant for damages arising from a motor vehicle accident.
The defendant appealed an order striking out her third party claim against the infant plaintiff's mother.
The motion judge had struck the claim on the basis that the plaintiff's claim was limited to the defendant's proportionate degree of negligence.
The Court of Appeal amended the formal order on consent to explicitly state that the plaintiff's claim is limited to the damages apportioned to the defendant's relative degree of fault, and otherwise dismissed the appeal.
