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Zittrain Torts Playlist Spring 2013

Garcia v. Joseph Vince Co.

Headnote

When the wrongful act must have been committed by one defendant in a group of defendants, but there is no evidence proving that all members of the group acted negligently, should courts refuse to hold the group liable? Plaintiff’s eye was injured during a fencing match by a sabre which was defectively manufactured. There was evidence which narrowed the identity of the sabre’s manufacturer to one of the two defendants, but insufficient evidence to link the sabre to a single manufacturer.