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Summers v. Tice

Law Dictionary

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Torts Keyed to Prosser

Citation. Summers v. Tice, 33 Cal. 2d 80, 199 P.2d 1, 1948 Cal. LEXIS 290, 5 A.L.R.2d 91 (Cal. 1948)

Brief Fact Summary. Plaintiff was injured when he was shot in the eye during a hunting expedition. Two defendants negligently shot in his direction at the same time.

Synopsis of Rule of Law. When there is negligence by multiple parties, and one party can only have caused the plaintiff’s injury, then it is up to the negligent parties to absolve themselves if they can.

Facts. The plaintiff was shot in the eye during a hunting trip. Both defendants shot in the plaintiff’s direction at the same time while trying to shoot a quail. The plaintiff’s injury was caused by one shot.

Issue. Whether two tortfeasors can both be liable when the injury can only have been caused by one of them.
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