It is suggested that there should be a relaxation of the proof required of the plaintiff ... where the injury occurs as the result of one where more than one independent force is operating, and it is impossible to determine that the force set in operation by defendant did not in fact constitute a cause of the damage, and where it may have caused the damage, but the plaintiff is unable to establish that it was a cause." L. A. Nos. 2d 444 [118 P.2d 328].) [5] It has been held that where a group of persons are on a hunting party, or otherwise engaged in the use of firearms, and two of them are negligent in firing in the direction of a third person who is injured thereby, both of those so firing are liable for the injury suffered by the third person, although the negligence of only one of them could have caused the injury. In the course of hunting plaintiff proceeded up a hill, thus placing the hunters at the points of a triangle. If one can escape the other may also and plaintiff is remediless. Summers v. Tice, 33 Cal.2d 80, 82-83 (1948). A. Wittman for Appellants. The injured party has been placed by defendants in the unfair position of pointing to which defendant caused the harm. (17 Nov, 1948) The joint liability, as well as the lack of knowledge as to which defendant was liable, was pleaded and the proof developed the case under either theory. The one shot that entered plaintiff's eye was the major factor in assessing damages and that shot could not have come from the gun of both defendants. 1948). Nov. 17, 1948.] 1 From: JasonPfister To: Edward Lai Date: 4/14/13 Re: Case Brief Summers v. Tice et al. Summers v. Tice. 648 [300 P. 31]; Miller v. Highland Ditch Co., 87 Cal. Co. v. Industrial Acc. Tice argues that there is [33 Cal. Nov. 17, 1948. Com. The court stated they were acting in concert and thus both were liable. The court granted defendant component manufacturers' motion for summary judgment rejecting plaintiff's reference to Summers v. Tice, supra, 33 Cal.2d 80, 199 P.2d 1, and holding that the facts gave equal support to two inconsistent inferences thus inviting a verdict based purely on conjecture. The view of defendants with reference to plaintiff was unobstructed and they knew his location. Gale & Purciel, of Bell, Joseph D. Taylor, of Los Angeles, and Wm. Co. v. Industrial Acc. Each of the defendants was armed with a 12 gauge shotgun loaded with shells containing 7 size shot. 20650, 20651. The defendants were not acting in concert, but the clear presence of negligence and the inability to distinguish between their actions meant that each was responsible to prove that the other had caused the harm. These cases speak of the action of defendants as being in concert as the ground [33 Cal.2d 85] of decision, yet it would seem they are straining that concept and the more reasonable basis appears in Oliver v. Miles, supra. Facts: Plaintiff and two defendants were hunting quail on the open range. L. A. Nos. We have seen that for the reasons of policy discussed herein, the case is based upon the legal proposition that, under the circumstances here presented, each defendant is liable for the whole damage whether they are deemed to be acting in concert or independently. 2 Id.at 4. 13. One shot struck plaintiff in his eye and another in his upper lip. 675].) Sindell v. Abbott Laboratories Case Brief - Rule of Law: In certain circumstances where the plaintiff is unable to identity the actual tortfeasor and it is Every Bundle includes the complete text from each of … It found that both defendants were negligent and "That as a direct and proximate result of the shots fired by defendants, and each of them, a birdshot pellet was caused to and did lodge in plaintiff's right eye and that another birdshot pellet was caused to and did lodge in plaintiff's upper lip." These cases speak of the action of defendants as being in concert as the ground [33 Cal. The same rule has been applied in criminal cases (State v. Newberg, 129 Ore. 564 [278 P. 568, 63 A.L.R. 2d 213 [157 P.2d 372, 158 A.L.R. A is liable to C." (Rest., Torts, § 876 (b), com., illus. 124, 26 L.R.A.N.S. The problem presented in this case is whether the judgment against both defendants may stand. 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