Summers v. Tice
33 Cal. 2d 80 · California Supreme Court · 1948
Facts
Plaintiff was hunting quail with two defendants, Tice and Simonson. Both defendants negligently shot at a quail in plaintiff's direction, and plaintiff was struck in the eye and lip by birdshot. The trial court found both defendants negligent, but it was impossible to determine which defendant's shot caused the specific injury.
Issue
Can both defendants be held liable for the plaintiff's injury when it is established that both were negligent, but it cannot be determined which defendant's specific act caused the injury?
Holding
Yes, the judgment against both defendants stands. When two or more persons are negligent and their actions could have caused the injury, but it's impossible to determine which one did, both are liable, and the burden shifts to them to absolve themselves.
Rule
When multiple defendants act negligently, and it is impossible to determine which one caused the injury, the burden shifts to each defendant to prove that their negligence was not the cause, otherwise, they are jointly and severally liable for the entire damage.
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