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MORTENSEN v. MORAVEC

No. 49366-7-II.

406 P.3d 1178 (2017)

Nicholas MORTENSEN, an individual, Appellant, v. Robert MORAVEC, an individual; and Drew James Corporation, d/b/a Main Street Station Bar & Grill, a for profit corporation; and Guitron Estrada II, Inc., d/b/a Rancho Viejo Sports Bar, a for profit corporation; and John/Jane Does 1-99 including Bartenders, Respondents.

Court of Appeals of Washington, Division 2.

Filed December 12, 2017.

Attorney(s) appearing for the Case

David Alden Brown , Brett McCandlis Brown, 1310 10th St. Ste. 104, Bellingham, WA, 98225-7026, Philip Albert Talmadge , Talmadge/Fitzpatrick/Tribe, 2775 Harbor Ave. Sw., Third Floor Ste. C, Seattle, WA, 98126-2138, for Appellant.

David Michael Jacobi , Wilson Smith Cochran Dickerson, 901 5th Ave. Ste. 1700, Seattle, WA, 98164-2050, Jay W. Beattie , Attorney at Law, 1300 Sw. 5th Ave. Ste. 3400, Portland, OR, 97201-5640, for Respondents.

PUBLISHED OPINION

¶ 1 A commercial seller of alcohol has a duty to not serve alcohol to an apparently intoxicated person. The question in this case is to whom that duty is owed; specifically, whether a commercial alcohol seller owes a duty to a person who is accidentally shot by an intoxicated customer after the...

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