Summers v Tice Case Brief 1. 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). Defendant Tice states in his opening brief, ‘we have decided not to argue the insufficiency of negligence on the part of defendant Tice.’ It is true he states in his answer to plaintiff's petition for a hearing in this court that he did not concede this point but he does not argue it. 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 bridshot 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.’ In so doing the court evidently did not give credence to the admissions of Simonson to third persons that he fired the shots, which it was justified in doing. They are both wrongdoers both negligent toward plaintiff. One shot struck plaintiff in his eye and another in his upper lip. Both defendants shot at the quail, firing in the plaintiff's direction. At that time defendants were 75 yards from plaintiff. 876(b)(c).) 124. View Summers v. Tice.pdf from LWSO 100 at University of California, Riverside. Summers v. Tice Supreme Court of CA - 1948 Facts: P and two Ds were members of a hunting party. Com., 29 Cal.2d 79, 172 P.2d 884. Tice added that it was only after Simonson’s second shot that Summers yelled out that he had been shot. LEXIS 290, 5 A.L.R.2d 91 (Cal. To hold otherwise would be to exonerate both from liability, although each was negligent, and the injury resulted from such negligence.’ (Emphasis added.) No contracts or commitments. State of Rhode Island v. Lead Industries Association, Inc. Trammell Crow Central Texas, Ltd. v. Gutierrez, Trupia v. Lake George Central School District, Vassiliades v. Garfinckel's, Brooks Brothers. There two persons were hunting together. 872; Sawyer v. Soiuthern California Gas Co., 206 Cal. 666, 50 A.L.R. At that time defendants were 75 yards from plaintiff. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Written and curated by real attorneys at Quimbee. Google Chrome, Don't know what torts is? Ordinarily defendants are in a far better position to offer evidence to determine which one caused the injury. It thus determined that the negligence of both defendants was the legal cause of the injury or that both were responsible. When we consider the relative position of the parties and the results that would flow if plaintiff was required to pin the injury on one of the defendants only, a requirement that the burden of proof on that subject be shifted to defendants becomes manifest. 430, 25 P. 550, 22 Am.St.Rep. Defendant Tice flushed a quail which rose in flight to a ten foot elevation and flew between plaintiff and defendants. Facts: Tice and Simonson (not a direct party in this case), were out quail hunting. law school study materials, including 801 video lessons and 5,200+ Matthews v. Amberwood Associates Ltd. Partnership, Inc. Meyer ex rel. 648, 300 P. 31; Miller v. Highland Ditch Co., 87 cal. Similarly Professor Carpenter has said: ‘(Suppose) the case where A and B independently shoot at C and but one bullet touches C's body. Albritton v. Neighborhood Centers Association for Child Development. See, Mosley v. Arden Farms Co., 26 Cal.2d 213, 157 P.2d 372, 158 A.L.R. Cancel anytime. Since, then, the difficulty of proof is the reason, the rule should apply whenever the harm has plural causes, and not merely when they acted in conscious concert. 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. An illustration given under subsection (c) is the same as above except the factor of both defendants shooting is missing and joint liability is not imposed. It is true that plaintiff suggested that they all ‘stay in line,’ presumably abreast, while hunting, and he went uphill at somewhat of a right angle to the hunting line, but he also cautioned that they use care, and defendants knew plaintiff's position. Are you a current student of ? No contracts or commitments. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. If one can escape the other may also and plaintiff is remediless. 2d 80, 199 P.2d 1, 1948 Cal. Stay up-to-date with FindLaw's newsletter for legal professionals. Then click here. Quimbee might not work properly for you until you, v1508 - c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 - 2020-12-18T12:41:07Z. 1], Parker v. St. Lawrence County Public Health Department. See, Rudd v. Byrnes, 156 Cal. This website requires JavaScript. 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) Surocco v. Geary 58 Am.Dec. Summers v. Tice Supreme Court of California 1948 Prepared by Dirk Facts:-While on a quail hunting trip, the plaintiff was shot when both defendants turned and shot in his direction, presumably at a quail.-He was hit in He cites no authority for the proposition that by going on a hunting party the various hunters assume the risk of negligence on the part of their companions. Finally it was found by the court that as the direct result of the shooting by defendants the shots struck plaintiff as above mentioned and that defendants were negligent in so shooting and plaintiff was not contributorily negligent. An 800-word case brief of Summers v. Tice case in the US raising the issue of joint liability within a Common Law legal system Robert Paige 1L [email protected] Torts September 11, 2020 Case Briefs Summers v. 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. 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.’ (20 Cal.L.Rev. It is said in the Restatement: ‘For harm resulting to a third person from the tortious conduct of another, a person is liable if he * * * (b) knows that the other's conduct constitutes a breach of duty and gives substantial assistance or encouragement to the other so to conduct himself, or (c) gives substantial assistance to the other in accomplishing a tortious result and his own conduct, separately considered, constitutes a breach of duty to the third person.’ (Rest., Torts, sec. It was there said: ‘If the doctrine is to continue to serve a useful purpose, we should not forget that ‘the particular force and justice of the rule, regarded as a presumption throwing upon the party charged the duty of producing evidence, consists in the circumstance that the chief evidence of the true cause, whether culpable or innocent, is practically accessible to him but inaccessible to the injured person.‘‘ 25 Cal.2d at page 490, 154 P.2d at page 689, 162 A.L.R. Coplin v. Fluor Corporation. Get Summers v. Earth Island Institute, 555 U.S. 488 (2009), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. Defendants rely upon Christensen v. Los Angeles Electrical Supply Co., 112 Cal.App. In Summers the plaintiff, Charles A. Summers, accompanied defendants Tice and Simonson as a guide on a quail hunt on November 20, 1945. California Orange Co. v. Riverside P. C. Co., supra. Defendant Tice flushed a quail which rose in flight to a ten foot elevation and flew between plaintiff and defendants. Summers (plaintiff), Tice (defendant), and Simonson (defendant) went quail hunting. It was from one or the other only. The evidence failed to establish whether the bullet had come from Tice's or Simonson's gun. B's bullet strikes C, a traveler on the road. Stout v. Warren 290 P.3d 972 (2012) Summers v. Tice 199 P.2d 1 (Cal. P was struck in the eye by a shot from one Summers instructed both Tice and Simonson to use care when shooting. Tice argues that there is evidence to show that the shot which struck plaintiff came from Simonson's gun because of admissions allegedly made by him to third persons and no evidence that they came from his gun. You're using an unsupported browser. Each of the two defendants appeals from a judgment against them in an action for personal injuries. First, on the subject of negligence, defendant Simonson contends that the evidence is insufficient to sustain the finding on that score, but he does not point out wherein it is lacking. Both shot at some partridges and in so doing shot across the highway injuring plaintiff who was travelling on it. The wrongdoers should be left to work out between themselves any apportionment. 1 From: JasonPfister To: Edward Lai Date: 4/14/13 Re: Case Brief Summers v. Tice et al. Sheehan v. Roche Brothers Supermarkets, Inc. Simeonidis v. Mashantucket Pequot Gaming Enterprise. Tice Parties involved: Summers, Plaintiff is suing Tice and Simonson for injuries resultant from shotgun wounds. Plaintiff's action was against both defendants for an injury to his right eye and face as the result of bring struck by bird shot discharged from a shotgun. One shot struck plaintiff in his eye and another in his upper lip. Summers, who was in a similar direction to the quail, was struck in the eye by one of the bullets. In today's case review, we're analyzing Summers v. Tice, a classic torts case. 384, 2 P.2d 360, stating the general rule that one defendant is not liable for the independent tort of the other defendant, or that ordinarily the plaintiff must show a causal connection between the negligence and the injury. The view of defendants with reference to plaintiff was unobstructed and they knew his location. The operation could not be completed. A is liable to C.’ (Rest., Torts, Sec. Summers V. Tice.docx - Navneen Goraya#862111777 Summers V Tice,33 Cal 2d 80 109 P.2d 1(1948[NAME OF COURT ISSUING OPINION Supreme Court of California Navneen Goraya (#862111777) [Summers V. Tice, 33 Cal. There the Court was considering whether the patient could avail himself of res ipsa loquitur, rather than where the burden of proof lay, yet the effect of the decision is that plaintiff has made out a case when he has produced evidence which gives rise to an inference of negligence which was the proximate cause of the injury. A hits the animal. It is further said that: ‘If two forces are actively operating, one because of the actor's negligence, the other not because of any misconduct on his part, and each of itself sufficient to bring about harm to another, the actor's negligence may be held by the jury to be a substantial factor in bringing it about.’ (Rest., Torts, sec. Summers v. Tice Case Brief - 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 Facts. 1258. Ten Yr.Supp., Automobiles, sec. Both fired their shotguns accidentally in plaintiff’s directing with the main result being a shotgun pellet or bb becoming lodged in his eye, directly resulting in its loss. 16002, 16005. 73; Oliver v. Miles, Miss., 110 So. 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). LEXIS 290, 5 A.L.R.2d 91 (Cal. Both defendants shot at the quail, shooting in plaintiff's direction. They brought about a situation where the negligence of one of them injured the plaintiff, hence it should rest with them each to absolve himself if he can. 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