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Zittrain Torts Playlist Spring 2013

Summers v. Tice

Headnote

If several defendants act negligently and one among them must have caused the harm, but the plaintiff is unable to prove which defendant did so, should courts hold the defendants liable? Plaintiff goes out hunting with the two defendants. After plaintiff flushed a quail out of hiding, both defendants shot at the quail, in the plaintiff’s direction, despite being aware of the bird’s proximity to the plaintiff. Plaintiff was struck in the eye and lip with shotgun pellets. At trial, it was not possible to link the wounding pellets to a particular gun.