Thursday, November 17, 2011

Summers v. Tice case brief

Summers v Tice

-P and D were members of a hunting party.  
-Both Ds negligently fired, at the same time, at a quail and in the direction of the P.  
-P was struck in the eye by a shot from one gun. 

-Whether one or both of the Ds are liable for negligence from the injury to PL?

-Both of the Ds were liable.

1) Duty, 
2) Breach of Duty 
3) causation, and 
4) damages.  
-The causation element requires proof of both cause in fact and proximate cause. 
-Where a group of persons are on a hunting party and two of them negligently fire a gun in the direction of another, who is thereby injured, both of those firing are liable for the injury suffered.  
-Both parties were negligent toward the P. 
-They each brought about a situation where the negligence of one injured the P, it should rest with them each to absolve himself, if he can.

Plaintiff’s Argument: Each D placed P in jeopardy of peril in a negligent manner which resulted in an injury. 

Defendant’s Argument: Only one D caused an actual and proximate injury.

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