Torts Keyed to Dobbs
Summers v. Tice
Plaintiff and Defendants went on a hunting trip. Plaintiff provided each Defendant with directions on how to safely fire their weapons. While attempting to shoot their target, both Defendants fired in Plaintiff’s direction. Plaintiff suffered injuries to his right eye and face. Plaintiff sued both Defendants in a negligence action. The trial court entered a judgment in Plaintiff’s favor. On appeal, the court affirmed, because it determined that Defendants failed to meet their burden of proving who was responsible for Plaintiff’s injury, therefore, because each acted negligently, each was responsible to Plaintiff for damages from the injuries he sustained. The court reasoned further that it was Defendants’ burden to offer proof as to the apportionment of damages. Because they failed to meet that burden, it was in the discretion of the trier of fact to apportion the damages.
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