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SAGER v. McCLENDEN

TC A8009-04984; CA A20085; SC 28997; 29002.

672 P.2d 697 (1983)

296 Or. 33

Catherine T. SAGER, Personal Representative of the Estate of Gerald M. Sager, Deceased, Respondent On Review, v. Dianna McClenden, Individually and Dba Club Venus, Marge Cereghino, Petitioners On Review, and Town Talk Lounge, Inc., Individually and Dba the Table, Petitioner On Review.

Supreme Court of Oregon.

Decided November 15, 1983.

Attorney(s) appearing for the Case

M. Robert F. Smith, Portland, argued the cause for petitioners on review, Dianna McClenden, individually and dba Club Venus, and Marge Cereghino. With him on the petition and brief were Fellows, McCarthy, Zikes & Kayser, P.C., Portland.

James B. O'Hanlon, Portland, argued the cause for petitioner on review, Town Talk Lounge, Inc., and dba The Table. With him on the petition and brief were Schwabe, Williamson, Wyatt, Moore & Roberts, and J.P. Graff and Katherine H. O'Neil, Portland.

Michael M. Ratoza, Portland, argued the cause and filed the brief for respondent on review.

Before LENT, C.J., and PETERSON, CAMPBELL, ROBERTS, CARSON and JONES, JJ.

CARSON, Justice.

The issue presented by this case is whether the Oregon law on Intoxicating Liquor Service, specifically ORS 30.950, authorizes a claim by an intoxicated person against a liquor licensee for off premises injuries sustained by the intoxicated person who was served alcohol while visibly intoxicated. Plaintiff, here, is the personal representative of the inebriated patron's estate. Plaintiff's decedent was fatally injured when, as a result of his voluntary...

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