FULMER v. TIMBER INN RESTAURANT AND LOUNGE

(CC 94 CV 1184; CA A88358; SC S45323)

9 P.3d 710 (2000)

330 Or. 413

Gary FULMER and Lottie Ann Fulmer, husband and wife, Petitioners on Review, v. TIMBER INN RESTAURANT AND LOUNGE, INC., an Oregon corporation; Gordon Joelson, and M. Elaine Joelson, Respondents on Review.

Supreme Court of Oregon, En Banc.

Decided July 27, 2000.

As Corrected September 11, 2000.


Attorney(s) appearing for the Case

Maureen Leonard, Portland, argued the cause for petitioners on review. With her on the briefs was Lawrence Baron.

Ronald B. Terzenbach, of Loomis & Holland, Eugene, argued the cause for respondents on review. With him on the briefs was Daniel M. Holland.

Kevin N. Keaney, of Willner Keaney Mata & U'Ren, LLP, Portland, and Meagan A. Flynn, of Pozzi Wilson Atchison, LLP, Portland, filed briefs for amicus curiae Oregon Trial Lawyers Association.

Thomas W. Brown, of Cosgrave, Vergeer & Kester, LLP, Portland, filed a brief for amicus curiae Oregon Association of Defense Counsel.


KULONGOSKI, J.

This is a civil proceeding in which plaintiffs seek recovery from defendants for injuries that plaintiff1 sustained in a fall on defendants' premises after defendants allegedly served alcohol to plaintiff while plaintiff was visibly intoxicated. Plaintiffs' second amended complaint (hereinafter complaint) alleged eight claims for relief, including negligence per se, common-law negligence, premises liability, and loss...

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