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O'RORKE v. JOHN DAY, OREGON, LODGE # 1824 B. & P.O.E.

528 P.2d 1030 (1974)

Lola O'RORKE, Appellant, v. JOHN DAY, Oregon, Lodge # 1824 of the Benevolent and Protective Order of Elks of the United States of America, an Oregon Non-Profit Corporation, and Stanley Stout, Respondents.

Supreme Court of Oregon.

Decided November 29, 1974.

Attorney(s) appearing for the Case

David R. Dierdorff, Bend, argued the cause and filed a brief for appellant.

Wendell Gronso, Burns, argued the cause and filed a brief for respondent Stanley Stout.

Owen M. Panner, Bend, argued the cause for respondent John Day, Oregon, Lodge # 1824 of the Benevolent and Protective Order of Elks of the United States of America. With him on the brief were C. Montee Kennedy, and Panner, Johnson, Marceau & Karnopp, Bend.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE, and BRYSON, JJ.

BRYSON, Justice.

This is an action under the "Dram Shop" statute, ORS 30.730,1 by plaintiff for the recovery of damages for the death of her spouse. The jury returned a verdict in favor of defendants. Plaintiff appeals.

John Peter O'Rorke, the deceased, was discovered dead in a motel room on March 7, 1971. His blood-alcohol level was .30 percent grams per hundred milliliters. This high...

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