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GRADY v. CEDAR SIDE INN, INC.

(CC C9508-47CV; CA A94545; SC S45627, S45628)

997 P.2d 197 (2000)

330 Or. 42

Richard GRADY, Respondent on Review, v. CEDAR SIDE INN, INC., Gerold J. Settje and Shirley E. Settje, dba Mini-Mart of Vernonia, Petitioners on Review.

Supreme Court of Oregon.

Decided March 3, 2000.

Attorney(s) appearing for the Case

Kenneth D. Bourne, Portland, argued the cause and filed the briefs for petitioner on review Cedar Side Inn, Inc.

Janet M. Schroer, of Hoffman, Hart & Wagner, Portland, argued the cause for petitioners on review Gerold J. Settje and Shirley E. Settje, dba Mini-Mart of Vernonia. With her on the briefs was Marjorie A. Speirs.

Clayton H. Morrison, Beaverton, argued the cause for respondent on review. With him on the brief was Clayton Huntley Morrison.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, and KULONGOSKI, Justices.

KULONGOSKI, J.

Plaintiff seeks recovery from defendants for serving alcohol to Joshua Lee Elliot (Elliot) while Elliot was visibly intoxicated. Elliot, while under the influence of alcohol, was involved in a single-car accident causing injuries to plaintiff, a passenger in Elliot's car. At issue is whether plaintiff can recover from defendants for his injuries, notwithstanding the fact that he "participated in" Elliot's intoxication by purchasing alcohol for Elliot...

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