Summers v. Tice

Summers v. Tice, 33 Cal.2d 80, 199 P.2d 1 (1948), is a seminal California Supreme Court tort law decision relating to the issue of liability where a plaintiff cannot identify with specificity which among multiple defendants caused his harm.

Each of the defendants was armed with a 12 gauge shotgun loaded with shells containing 71⁄2 size shot.

At trial it was established that each of two pellets had caused the injuries to plaintiff's lip and eye, respectively, and both might have been discharged from a single weapon (defendant) or each defendant may have contributed one of the injuring pellets.

On the subject of negligence, defendant Simonson contended that the evidence was insufficient to sustain the finding on that score.

[3] Summers v. Tice has had enormous precedential impact within the state of California and persuasive authority in other jurisdictions in the area of product liability.