What is the burden of proving who supplied the alleged defective product?

California, United States of America

The following excerpt is from Garcia v. Joseph Vince Co., 148 Cal.Rptr. 843, 84 Cal.App.3d 868 (Cal. App. 1978):

Appellant argues that when the evidence is equally balanced as to who supplied the alleged defective product, under the rule of Summers v. Tice,33 Cal.2d 80, 199 P.2d 1, the burden of proof should shift to respondent to establish who sold the product.

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What is the burden of proving who supplied the alleged defective product?

Appellant argues that when the evidence is equally balanced as to who supplied the alleged defective product, under the rule of Summers v. Tice,33 Cal.2d 80, 199 P.2d 1, the burden of proof should shift to respondent to establish who sold the product.

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What is the burden of proving who supplied the alleged defective product?

Appellant argues that when the evidence is equally balanced as to who supplied the alleged defective product, under the rule of Summers v. Tice,33 Cal.2d 80, 199 P.2d 1, the burden of proof should shift to respondent to establish who sold the product. Page 847

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Appellant argues that when the evidence is equally balanced as to who supplied the alleged defective product, under the rule of Summers v. Tice,33 Cal.2d 80, 199 P.2d 1, the burden of proof should shift to respondent to establish who sold the product.

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