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Zittrain Torts Playlist Spring 2013

Jose Domingo Garcia, Plaintiff and Appellant, v. Joseph Vince Company, Junice T. Mori, and American Fencers Supply Co., Defendants and Respondents.

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.