ALTERNATIVE LIABILITY

Question 1

Summers v. Tice (quail hunting case)

Answer 1

Plaintiff sued 2 defendants who both shot at him resulting in an injury, but unsure which bullet him him–Court found both defendants could be fully liable for the injury and now burden shifts to the defendant’s to exclude themselves

Question 2

Burke v. Schaffner (accelerator case)

Answer 2

Plaintiff was pinned by truck when passenger (defendant) in truck accidentally hit driver and vehicle accelerated–Court found no alternative liability because it was one singular act by an unidentifiable defendant, and only one person was named as a defendant so not possible