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GATTMAN v. FAVRO

TC A8309-05921; CA A37387; SC S34317.

757 P.2d 402 (1988)

306 Or. 11

Ronald GATTMAN, Respondent On Review, v. Neil FAVRO: Buzzard's Roost Tavern, Inc., an Oregon Corporation; and Charles Tibbett, Doing Business under the Assumed Business Name the Sanctuary Tavern, Defendants, and Borrelli Enterprises, Inc., a Foreign Corporation, Petitioner On Review.

Supreme Court of Oregon.

Decided June 7, 1988.

Attorney(s) appearing for the Case

Peter R. Chamberlain, Bodyfelt, Mount, Stroup & Chamberlain, Portland, argued the cause and filed the petition for petitioner on review.

Wayne Mackeson, Des Connall and Dan Lorenz, P.C., Portland, argued the cause and filed a response for respondent on review.

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

PETERSON, Chief Justice.

On April 1, 1983, ORS 30.950 provided:

"No licensee or permittee is liable for damages incurred or caused by intoxicated patrons off the licensee's or permittee's business premises unless the licensee or permittee has served or provided the patron alcoholic beverages when such patron was visibly intoxicated."1

The plaintiff's complaint alleges that the...

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