PIETILA v. 2081 FRATERNAL ORDER OF EAGLES

No. 102298; CA 15127.

612 P.2d 742 (1980)

46 Or.App. 591

Michael James PIETILA, by and through His Guardian, Frederick L. Decker, Appellant, v. 2081 FRATERNAL ORDER OF EAGLES, an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided June 16, 1980.


Attorney(s) appearing for the Case

Richard T. Kropp, Albany, argued the cause for appellant. With him on the brief was Emmons, Kyle, Kropp & Kryger, Albany.

J. Michael Alexander, Salem, argued the cause for respondent. With him on the brief was Brown, Burt & Swanson, P.C., Salem.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.


RICHARDSON, Presiding Judge.

This case involves a cause of action in common law negligence against defendant for serving alcoholic beverages to an intoxicated person who subsequently was involved in an automobile accident resulting in injuries to plaintiff. From a judgment based on a jury verdict in defendant's favor, plaintiff appeals. The assignments of error challenge an instruction given by the court and denial of plaintiff's motion for new trial based on newly...

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