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BALZER v. MOORE

A159201.

427 P.3d 193 (2018)

293 Or.App. 157

Barbara BALZER, Personal Representative of the Estate of Mitchell B. Johnson, deceased, Plaintiff-Appellant, v. Byron MOORE; and EMR, Inc., dba Washington Street Steakhouse & Pub, Defendants, and Clifford D. Carpenter; and Bobby Sharon Carpenter, dba The Roundup Pub, Defendants-Respondents.

Court of Appeals of Oregon.

August 1, 2018.

Attorney(s) appearing for the Case

J. Randolph Pickett, Portland, argued the cause for appellant. Also on the briefs were R. Brendan Dummigan, Kimberly O. Weingart, Ron K. Cheng, and Pickett Dummigan LLP.

Jeffrey D. Eberhard, Portland, argued the cause for respondents. Also on the brief were Jeremy R. Reeves and Smith Fred & Eberhard P.C.

Before Ortega, Presiding Judge, and Egan, Chief Judge, and Lagesen, Judge.

Mitchell Johnson died in a single car accident while riding as a passenger with his friend Byron Moore, who was driving while intoxicated after the two spent several hours drinking together. As relevant here, plaintiff, Johnson's estate, filed a wrongful death action against defendant, The Roundup Pub — the establishment where...

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