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DECKARD v. BUNCH

(CC 102298; CA A151792; SC S062948).

370 P.3d 478 (2016)

358 Or. 754

Casey J. DECKARD, Respondent on Review, v. Diana L. BUNCH, Defendant, and Jeffrey N. King, as Personal Representative of the Estate of Roland King, Deceased, Petitioner on Review.

Supreme Court of Oregon.

Decided March 10, 2016.

Attorney(s) appearing for the Case

Thomas M. Christ, Cosgrave Vergeer Kester, LLP, Portland, argued the cause and filed the brief for petitioner on review.

Brent W. Barton, The Barton Law Firm PC, Newport, argued the cause and filed the brief for respondent on review. With him on the brief was William A. Barton.

Jeffrey D. Eberhard, Smith Freed & Eberhard, P.C., Portland, filed a brief on behalf of amicus curiae Smith Freed & Eberhard, P.C.

Kristian Roggendorf, Roggendorf Law LLC, Lake Oswego, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Before BALMER, Chief Justice, and KISTLER, WALTERS, LANDAU, BALDWIN, BREWER, and NAKAMOTO, Justices.

This case presents the issue of whether ORS 471.565(2) provides an independent statutory right of action against a social host who served alcohol to a visibly intoxicated guest, who in turn caused injuries to a third party. Plaintiff, who was injured in a motor vehicle accident, brought this action against the driver of the other vehicle...

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