Summers (plaintiff), Tice (defendant), and Simonson (defendant) went quail hunting. Summers instructed both Tice and Simonson to use care when shooting. Summers walked in front of both men in the field. Tice flushed a quail out of the bushes and both he and Simonson shot at the quail in the direction of Summers. They were using birdshot. One pellet hit Summers’ eye and one hit his lip. It is unknown which pellet was shot by which man. Summers brought suit for negligence against both Tice and Simonson. The trial court entered judgment for Summers against both Tice and Simonson, and the defendants appealed.