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SOLBERG v. JOHNSON

A8407-03946; CA A41884.

750 P.2d 1190 (1988)

90 Or.App. 90

James L. SOLBERG, Plaintiff, v. Lonnie D. JOHNSON, Rick F. Sekne, Dba Graffic Tavern, Thomas H. Frost and H. Oliver Keerins, Dba Captain Coyote's and A.P. Corral, Inc., an Oregon Corporation, Dba the Red Steer, Defendants. A.P. Corral, Inc., Dba Red Steer, Appellant, v. Richard Howard, Respondent.

Court of Appeals of Oregon.

Decided March 9, 1988.

Attorney(s) appearing for the Case

Thomas D. Adams, Portland, argued the cause for appellant. With him on the briefs were I. Franklin Hunsaker, Stephen F. English, Thomas D. Adams and Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland.

Thomas M. Christ, Portland, argued the cause for respondent. With him on the brief was Mitchell, Lang & Smith, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Plaintiff brought this action against the Red Steer Tavern to recover for personal injuries sustained when the vehicle he was driving collided head-on with Johnson's vehicle, which had crossed the centerline. The complaint alleged that the accident was the result of Johnson's negligence in operating a vehicle while under the influence of intoxicants. It also alleged that the tavern was liable under former ORS 30.955,1

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