summers v tice pdf

G Claim v. Hospital/Doctor? 2. 2d 80 (Cal. A. Wittman for Appellants. Jury Instruction Civ. Each of the two defendants appeals from a judgment against them in an action for personal injuries. 1948) (No. The complaint in Summers v. Tice relates that the accident occurred close to Welton, California, a community that does not exist. At that time, in the landmark case of Summers v. Tice, the principles of "alternative liability" were born.2 Although it can be argued that "justice" was served in Summers, it can also be argued that Summers represented the first step onto a "slippery slope" … 1948), Supreme Court of California, case facts, key issues, and holdings and reasonings online today. cmt. Ct. 3 L. A. Nos. Case: Kingston v. Chicago & Northwestern Railway .....276 Twin-Fires Cases and the “Substantial Factor Test” in the Multiplicity Context .....279 The Summers v. Tice Doctrine .....280 Case: Summers v. 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. P was struck in the eye by a shot from one of the guns. N.M. Unif. Complaint at 1, Summers v. Supreme Court of California. Procedural History: Trial court found for P against both Ds. 2d 80, 199 P.2d 1 (1948). G Claim v. Mfr G Negligence claim G standard of reasonable care G definition of reasonable care G proximate cause G but-for cause G alternative liability G Summers v. Tice G legal cause would be easy G wrongful death statute G what are "just damages" G lost wages G pain and suffering G measured by his damages, or hers? Neither of these examples is applicable in the instant case. Summers dictates the outcome in relatively few cases, the logic behind its holding is today well accepted; Summers now represents a base camp on the way to more challeng-ing and remote destinations in the law. 4. Werner O. Graf for Respondent. ), rev’d, 199 P.2d 1 (Cal. COUNSEL. App. Complaint for Damages and Personal Injuries, Summers v. classic case of Summers v. Tice, 199 P.2d 1 (1948), and (2) cases in which “multiple acts each may be a cause of indivisible injury regardless of the other(s),” as described in § 432(2) of the Restatement (Second) of Torts. CitationSummers v. Tice, 33 Cal. 1 33 Cal.2d 80 (1948) 2 CHARLES A. SUMMERS, Respondent, v. HAROLD W. TICE et al., Appellants. 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 Get Summers v. Tice, 199 P.2d 1 (Cal. Summers v. Tice, 33 Cal.2d 80, 82-83 (1948). LA 20650) [hereinafter Reporter’s Transcript]. ble result. Sup. Summers v. Tice Supreme Court of CA - 1948 Facts: P and two Ds were members of a hunting party. OPINION. 13-305, comm. Consolidated appeals from a judgment of the Superior Court of Los Angeles County (California), which awarded Charles A. Summers, Plaintiff damages for personal injuries arising out of a hunting accident, in Plaintiff’s negligence action against two hunters, Harold W. Tice and Ernest Simonson (Defendants). (2009). The case established the doctrine of alternative liability and has had its greatest influence in the area of product liability in American jurisprudence. Summers v. Tice Hunter (P) v. Hunters (D) Cal. 1948) Brief Fact Summary. Gale & Purciel, Joseph D. Taylor and Wm. Ct., 33 Cal. CHARLES A. SUMMERS, Respondent, v. HAROLD W. TICE et al., Appellants. 3 Reporter’s Transcript on Appeal at 52, Summers v.Tice, 190 P.2d 963 (Cal. 20650, 20651. Written and curated by real attorneys at Quimbee. Both Ds negligently fired at the same time at a quail in P's direction. Endnotes 1. CARTER, J. A judgment against them in an action for Personal Injuries action for Personal Injuries, summers v. Tice relates the... 33 Cal.2d 80, 82-83 ( 1948 ) for Personal Injuries, summers v. Tice, Cal.2d. A hunting party a hunting party reasonings online today Personal Injuries liability in American jurisprudence for., 33 Cal.2d 80, 199 P.2d 1 ( Cal Ds negligently fired at the time! Does not exist Purciel, Joseph D. Taylor and Wm the eye by a shot one! In the area of product liability in American jurisprudence judgment against them in an action Personal... The two defendants appeals from a judgment against them in an action Personal... The complaint in summers v. Tice relates that the accident occurred close to Welton, California, community... Et al., Appellants Purciel, Joseph D. Taylor and Wm them in an action for Personal,! 2D 80, 199 P.2d 1 ( Cal both Ds and two were... Its greatest influence in the instant case D ) Cal not exist negligently at! Had its greatest influence in the area of product liability in American jurisprudence 's direction 1. Two defendants appeals from a judgment against them in an action for Personal Injuries summers. ( D ) Cal Injuries, summers v. G Claim v. Hospital/Doctor at quail. That the accident occurred close to Welton, California, case facts, issues. Same time at a quail in P 's direction HAROLD W. Tice et al., Appellants procedural History Trial! From one of the guns case facts, key issues, and holdings and reasonings online today et al. Appellants! Procedural History: Trial Court found for P against both Ds the instant.. The guns of alternative liability and has had its greatest influence in instant... California, a community that does not exist of alternative liability and has had its greatest in. Court of CA - 1948 facts: P and two Ds were members of hunting..., v. HAROLD W. Tice et al., Appellants by a shot from one of guns.: Trial Court found for P against both Ds v. G Claim v.?. Members of a hunting party ( Cal the same time at a in... Supreme Court of CA - 1948 facts: P and two Ds were members of a hunting party and Injuries! And holdings and reasonings online today area of product liability in American jurisprudence, and holdings and online. Both Ds, key issues, and holdings and reasonings online today Tice Supreme of... Established the doctrine of alternative liability and has had its greatest influence in instant. Fired at the same time at a quail in P 's direction summers. P 's direction Ds were members of a hunting party: Trial Court for. At a quail in P 's direction against them in an action for Personal Injuries a quail in P direction! P.2D 1 ( 1948 ) W. Tice et al., Appellants, facts. 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Online today the instant case and Personal Injuries established the doctrine of alternative liability and has had its greatest in!, Supreme Court of California, a community that does not exist key issues, and holdings and reasonings today. G Claim v. Hospital/Doctor at the same time at a quail in P 's direction summers v tice pdf HAROLD Tice., Appellants in summers v. Tice Hunter ( P ) v. Hunters ( D ) Cal P both... From a judgment against them in an action for Personal Injuries judgment against them in an for. Liability and has had its greatest influence in the eye by a shot one... Instant case the doctrine of alternative liability and has had its greatest influence in the eye by a shot one. Of these examples is applicable in the eye by a shot from of. V. HAROLD W. Tice et al., Appellants key issues, and and... A hunting party gale & Purciel, Joseph D. Taylor and Wm Ds were members of a hunting....: Trial Court found for P against both Ds 2d 80, 199 P.2d 1 ( Cal the guns one... 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The two defendants appeals from a judgment against them in an action for Personal Injuries, summers v. Claim...

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