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Summers v. Tice

(1948)

Supreme Court of California - 33 Cal. 2d 80

tl;dr:

Plaintiff was shot in the eye by one of two Defendants, unclear which; Court holds that both Defendants can be held liable.

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Facts & HoldingSummers v. Tice case brief facts & holding

Facts:Defendants Tice and Simonson were hunting quail when both fired...

Holding:The California Supreme Court affirmed.In cases like this one, clearly...

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Summers v. Tice | Case Brief DeepDive
Majority opinion, author: CARTER, J.
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The court found both defendants negligent in shooting towards the plaintiff, who was uphill from them and whose location they knew, while shooting at a quail. The defendants argued insufficient evidence to prove negligence and that the plaintiff assumed the risk and was guilty of contributory negligence, but the court rejected these arguments. Both defendants were held jointly and severally liable for the plaintiff's injuries as their negligence was the legal cause of the injury. The court failed to determine which defendant was at fault, which is an error. The rule of joint liability applies whenever the harm has plural causes, not just when the parties acted in conscious concert.

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Summers v. Tice

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