Summers v. Tice
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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. The case established the doctrine of alternative liability and has had its greatest influence in the area of product liability in American jurisprudence.
Quick Facts Summers v. Tice, Decided November 17, 1948 ...
Summers v. Tice | |
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Decided November 17, 1948 | |
Full case name | Charles A. Summers v. Howard W. Tice, et al. |
Citation(s) | 33 Cal.2d 80 199 P.2d 1 |
Holding | |
When a plaintiff suffers a single indivisible injury, for which the negligence of each of several potential tortfeasors could have been a but-for cause, but only one of which could have actually been the cause, all the potential tortfeasors are jointly and severally liable to the plaintiff. | |
Court membership | |
Chief Justice | Phil S. Gibson |
Associate Justices | John W. Shenk, Douglas L. Edmonds, Jesse W. Carter, Roger J. Traynor, B. Rey Schauer, Homer R. Spence |
Case opinions | |
Majority | Carter, joined by unanimous |
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