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EASLY v. COLBY

A8604-02216; CA A48682.

779 P.2d 1093 (1989)

98 Or.App. 535

Dennis EASLY, Respondent, v. Kelly Lynn COLBY, Evelyn Webb, Thomas Webb, Jane Doe 1, Jane Doe 2, and Webb's Royal Tap Enterprises, Inc., an Oregon Corporation, Dba Webb's Pub, Defendants, Kathy Deppmeier, Appellant.

Court of Appeals of Oregon.

Decided September 27, 1989.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellant. With him on the briefs were Robert E. Maloney, Jr., and Spears, Lubersky, Bledsoe, Anderson, Young & Hilliard, Portland.

William H. Skalak, Portland, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

In this negligence action, plaintiff sought to establish, among other things, that defendant Deppmeier served marijuana to defendant Colby at a time when she was visibly intoxicated.1 The trial court took that question from the jury on a mistaken belief that the serving of marijuana to a visibly intoxicated person cannot legally result in liability. See Aebischer v. Reidt, 74 Or.App. 692

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