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COX v. THE KEG RESTAURANTS U.S., INC.

No. 36384-1-I.

935 P.2d 1377 (1997)

86 Wash.App. 239

Patrick B. COX, Jr., an individual, Respondent/Cross-Appellant, v. THE KEG RESTAURANTS U.S., INC., a foreign corporation d/b/a The Keg; The Keg Washington, Inc., a Washington corporation d/b/a The Keg, Appellant/Cross-Respondent, Phillip J. Whalen, Defendant.

Court of Appeals of Washington, Division 1.

May 5, 1997.

Attorney(s) appearing for the Case

Jerrett E. Sale, E. Pennock Gheen, Robert Joseph Roche and Bullivant, Houser, Bailey, Pendergrass & Hoffman, Seattle, for Appellant Cross-Respondent.

Jonathan David Sweigert, John Strauss, Eric Zimbelman, Kirkland, for Respondent Cross-Appellant.

ELLINGTON, Judge.

On November 1, 1991, Patrick Cox and Philip Whalen each patronized The Keg Restaurant. After The Keg served Whalen 10 drinks in two and a half hours, he assaulted Cox without provocation and inflicted permanent brain damage. Cox brought suit against Whalen and The Keg, and introduced evidence of Whalen's blood alcohol content. The jury returned a verdict for Cox, finding Cox two percent at fault for failing to mitigate but not otherwise at fault...

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