HAWKINS v. CONKLIN

TC A8401-00244; CA A37535; SC S34645.

767 P.2d 66 (1988)

307 Or. 262

Anthony HAWKINS, Respondent On Review, v. Donna CONKLIN, Dba the Shire Inn, Petitioner On Review, and John Shively and John Does a & B, Defendants.

Supreme Court of Oregon.

Decided December 30, 1988.


Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, argued the cause and filed the petition on behalf of the petitioner on review. With him on the petition was Schwabe, Williamson & Wyatt, Portland.

Thomas C. Siel, Portland, argued the cause on behalf of the respondent on review.

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


CAMPBELL, Justice.

We accepted review to determine whether a tavern owner may be liable when one patron assaults and injures another patron after both patrons left the tavern. The plaintiff alleges theories of common law negligence based on the defendant's failure to call the police to have the intoxicated patron removed and her failure to protect the plaintiff when he left the tavern. The plaintiff alleges a theory of negligence based on ORS 471.410. He also seeks...

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