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MOORE v. WILLIS

TC No. A8403-01700; CA A37692; SC S34457; SC S34458.

767 P.2d 62 (1988)

307 Or. 254

Robert D. MOORE, Personal Representative of the Estate of Richard Charles Moore, Deceased, Respondent On Review, v. Patrick Heron WILLIS, Dale Eugene Phillips, Defendants, Kenneth Dale Butchek, Mary D. Butchek, Petitioners On Review, Robert O'Brien and Marilyn O'Brien, Petitioners On Review.

Supreme Court of Oregon.

Decided December 30, 1988.

Attorney(s) appearing for the Case

I. Franklin Hunsaker, Portland, argued the cause and filed the petition on behalf of the petitioners on review Kenneth Dale and Mary D. Butchek. With him on the petition were Stephen F. English, Thomas D. Adams, and Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland.

Thomas M. Christ, Portland, argued the cause and filed petition on review on behalf of the petitioners on review Robert and Marilyn O'Brien. With him on the petition was Mitchell, Lang & Smith, Portland.

Clayton Morrison, Portland, argued the cause on behalf of the respondents on review.

Before PETERSON, C.J., LINDE, CAMPBELL, CARSON and JONES, JJ., and VAN HOOMISSEN, J., Pro Tem.

CAMPBELL, Justice.

The plaintiff seeks damages from tavern owners who allegedly were negligent in serving alcohol to two men who killed the plaintiff's decedent. At issue is whether the plaintiff alleged ultimate facts that would allow a factfinder to determine that the violence was foreseeable. The trial court granted the defendants' motions for judgment on the pleadings. ORCP 21 B.1 The Court...

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