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JOHNSON v. PAIGE

No. A7810-16768; CA 15460.

615 P.2d 1185 (1980)

47 Or.App. 1177

Densber JOHNSON, Personal Representative of the Estate of Isaiah Johnson, Deceased, Appellant, v. Lewis PAIGE, Respondent.

Court of Appeals of Oregon.

Decided August 25, 1980.

Attorney(s) appearing for the Case

William B. Aitchison, Portland, argued the cause for appellant. With him on the brief was Jolles, Sokol & Bernstein, P.C., Portland.

Steven P. Jones, Portland, argued the cause for respondent. With him on the brief were Margaret H. Leek Leiberan, and Lang, Klein, Wolf, Smith, Griffith & Hallmark, Portland.

Before JOSEPH P.J., and WARDEN and WARREN, JJ.

WARREN, Judge.

Plaintiff is the personal representative of the Estate of Isaiah Johnson, who died after falling down the stairs of defendant's residence while a social guest there. Plaintiff's amended complaint charged the defendant with negligence:

"1. In wilfully providing and serving decedent intoxicating liquor when he knew or should have known of decedent's intoxicated state and then allowing decedent to attempt to negotiate the stairs from which decedent...

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