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classic case of Summers v. Tice, 199 P.2d 1 (1948), and (2) cases in which “multiple acts each may be a cause of indivisible injury regardless of the other(s),” as described in § 432(2) of the Restatement (Second) of Torts. ANALYSIS At common law, two situations in which two or more de-fendants acted tortiously toward the plaintiff gave rise to what is now referred to as joint and several liability: where the defendants acted in concert to cause the harm, and OPINION. cmt. 1948), Supreme Court of California, case facts, key issues, and holdings and reasonings online today. Ct., 33 Cal. 3 Reporter’s Transcript on Appeal at 52, Summers v.Tice, 190 P.2d 963 (Cal. Sup. ble result. Supreme Court of California. Endnotes 1. Written and curated by real attorneys at Quimbee. (2009). 2. Complaint at 1, Summers v. 4. Jury Instruction Civ. 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. Werner O. Graf for Respondent. 1948) (No. ), rev’d, 199 P.2d 1 (Cal. CitationSummers v. Tice, 33 Cal. The complaint in Summers v. Tice relates that the accident occurred close to Welton, California, a community that does not exist. Gale & Purciel, Joseph D. Taylor and Wm. 1948) Brief Fact Summary. Case: Kingston v. Chicago & Northwestern Railway .....276 Twin-Fires Cases and the “Substantial Factor Test” in the Multiplicity Context .....279 The Summers v. Tice Doctrine .....280 Case: Summers v. CARTER, J. 20650, 20651. Each of the two defendants appeals from a judgment against them in an action for personal injuries. A. Wittman for Appellants. LA 20650) [hereinafter Reporter’s Transcript]. Summers v. Tice, 33 Cal.2d 80, 82-83 (1948). Complaint for Damages and Personal Injuries, Summers v. CHARLES A. SUMMERS, Respondent, v. HAROLD W. TICE et al., Appellants. Neither of these examples is applicable in the instant case. N.M. Unif. P was struck in the eye by a shot from one of the guns. Procedural History: Trial court found for P against both Ds. COUNSEL. Get Summers v. Tice, 199 P.2d 1 (Cal. 2d 80, 199 P.2d 1 (1948). 3 L. A. Nos. Ct. 13-305, comm. At that time, in the landmark case of Summers v. Tice, the principles of "alternative liability" were born.2 Although it can be argued that "justice" was served in Summers, it can also be argued that Summers represented the first step onto a "slippery slope" … Both Ds negligently fired at the same time at a quail in P's direction. Summers v. Tice Hunter (P) v. Hunters (D) Cal. Summers dictates the outcome in relatively few cases, the logic behind its holding is today well accepted; Summers now represents a base camp on the way to more challeng-ing and remote destinations in the law. G Claim v. Hospital/Doctor? G Claim v. Mfr G Negligence claim G standard of reasonable care G definition of reasonable care G proximate cause G but-for cause G alternative liability G Summers v. Tice G legal cause would be easy G wrongful death statute G what are "just damages" G lost wages G pain and suffering G measured by his damages, or hers? Consolidated appeals from a judgment of the Superior Court of Los Angeles County (California), which awarded Charles A. Summers, Plaintiff damages for personal injuries arising out of a hunting accident, in Plaintiff’s negligence action against two hunters, Harold W. Tice and Ernest Simonson (Defendants). 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