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WINGETT v. SILBERNAGEL

A151510.

379 P.3d 570 (2016)

279 Or. App. 245

Tyler WINGETT, Plaintiff-Appellant Cross-Respondent, and STATE of Oregon, Department of Justice, Cross-Respondent, v. Gary SILBERNAGEL, Defendant-Respondent, and Ryan W. Collier, Personal Representative of the Estate of Kyle Edward Entrekin, Deceased, Defendant-Respondent Cross-Respondent, and Eric Silbernagel and Lawrence Silbernagel, Defendants-Respondents Cross-Appellants, and Denise Silbernagel, Defendant.

Court of Appeals of Oregon.

June 29, 2016.

Attorney(s) appearing for the Case

Brian R. Whitehead , Salem, argued the cause and filed the briefs for appellant-cross-respondent.

Thomas M. Christ , Portland, argued the cause for respondent Gary Silbernagel and respondents-cross-appellants Eric Silbernagel and Lawrence Silbernagel. With him on the briefs were Julie A. Smith and Cosgrave Vergeer Kester LLP.

Ryan W. Collier , Salem, argued the cause and filed the briefs for respondent-cross-respondent Estate of Kyle Edward Entrekin.

No appearance for cross-respondent State of Oregon.

Before Armstrong, Presiding Judge, and Hadlock, Chief Judge, and Egan, Judge.

Plaintiff, who was injured in a motor vehicle accident as a passenger, brought this action against the estate of the driver, Entrekin, and the social hosts who served Entrekin alcohol while he was visibly intoxicated, Eric and Lawrence Silbernagel.1 The jury returned a verdict for plaintiff and against Entrekin...

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