Summers v. Tice

33 Cal. 2d 80 · California Supreme Court · 1948

Facts

Plaintiff was hunting quail with two defendants. Both defendants negligently shot at a quail in plaintiff's direction, striking him in the eye and lip. It was impossible to determine which defendant's shot caused the specific injury.

Issue

Can two negligent defendants be held jointly and severally liable for an injury when it is impossible to determine which defendant's specific act caused the injury?

Holding

Yes, both defendants are held jointly and severally liable. The burden shifts to each defendant to prove that their negligence was not the cause of the injury.

Rule

When two or more persons by their acts are possibly the sole cause of a harm, and the plaintiff has introduced evidence that one of them is culpable, the burden of proof shifts to each defendant to prove that the other person was the sole cause of the harm.

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Case brief last reviewed 2026-01-08. Prepared by CaseReader from the published opinion.