Both defendants shot at the quail, shooting in plaintiff's direction. Defendant Tice flushed a quail which rose in flight to a 10-foot elevation and flew between plaintiff and defendants. Sup. The blog Concurring Opinions has a short comment on the classic old case Summer v Tice - the case most law students remember as the case of the hunters who shot the plaintiff in the eye. Defendant Tice flushed a quail which rose in flight to a 10-foot elevation and flew between plaintiff and defendants. Simonson conceded that both he and Tice had fired shots that could have caused Summersâ injury. In Summers v. Tice, the Court held that two defendants, who had negligently shot at the plaintiff, were both liable for the plaintiffâs injuries even though only one of them technically caused it. In Summers v. Tice it was impossible for the > plaintiff to prove this causal connection because it was impossible to know > WHICH gun, and therefore WHICH defendant's act caused the plaintiff's > injury. 20650, 20651. SUMMERS v. TICE et al. Ct., 33 Cal. Summers v. Tice 33 Cal.2d 80, 199 P.2d 1 (1948), is a seminal case in American Jurisprudence regarding Tort Law and the theory behind Negligence . One shot struck plaintiff in his eye and another in his upper lip. At that time defendants were 75 yards from plaintiff. Both defendants shot at the quail, shooting in plaintiff's direction. Plaintiff was struck in the eye and lip by shots from one or both of Defendantsâ guns. One shot struck plaintiff in his eye and another in his upper lip. L. A. At that time defendants were 75 yards from plaintiff. Plaintiff, Ernest Simonson, and Harold W. Tice were hunting in the same area. Each of the two defendants appeals from a judgment against them in an action for personal injuries. At the same time, both defendants negligently fired their guns at a quail, and in the direction of Plaintiff. Summers v. Tice, 33 Cal.2d 80, 199 P.2d 1 (1948), is a seminal California Supreme Court tort law decision relating to the issue of liability where a plaintiff cannot identify with specificity which among multiple defendants caused his harm. This LawBrain entry is about a case that is commonly studied in law school. ANALYSIS At common law, two situations in which two or more de-fendants acted tortiously toward the plaintiff gave rise to what is now referred to as joint and several liability: where the defendants acted in concert to cause the harm, and 2d 80, 199 P.2d 1 (1948). Both defendants shot at the quail, shooting in plaintiff's direction. Tice, Supreme Court of California, 1948 TOPIC: Problems in Determining which Party Caused the Harm CASE: Summers v. Tice 33 Cal.2d.210, 199 P.2d 1, 5 A.L.R.2d 91 (1948) FACTS: Charles Summers (plaintiff), Harold Tice and Ernest Simonson (defendants) were on a hunting team. Defendant Tice flushed a quail which rose in flight to a 10-foot elevation and flew between plaintiff and defendants. > >To win in a negligence action, the plaintiff must prove the defendant's act > caused his or her injury. The post, by Kyle Graham, states he visited the California State Archive and reviewed the old case file where he found some interesting new information. Tice, by contrast, testified that Simonson, and Simonson alone, had shot the plaintiff, and that in fact Tice had not fired his gun for minutes prior to the fateful blast. 1948). A. Wittman, of South Gate, for appellants. Summers v. Tice Hunter (P) v. Hunters (D) Cal. One shot struck plaintiff in his eye and another in his upper lip. 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