302 P.3d 460
Or. Ct. App.2013Background
- Plaintiff was severely intoxicated after being served by defendant at its bar and drove home the wrong way on an interstate, causing a serious collision.
- Plaintiff sustained severe injuries (quadriplegia) and had a BAC of 0.24% upon hospital admission.
- Plaintiff filed a negligence action alleging over-service, failure to prevent driving, and failure to arrange alternative transportation.
- Trial court granted dismissal under ORS 471.565(1), which immunizes servers from first-party intoxication claims when the patron voluntarily consumes alcohol.
- On appeal, plaintiff contends (i) she did not voluntarily consume the alcohol that caused the injury, (ii) the second sentence of ORS 471.565(1) allows non-service-based negligence claims, and (iii) the statute violates remedy and jury-trial guarantees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ORS 471.565(1) bars first-party intoxication claims | Plaintiff argues she was involuntarily intoxicated after initial drinking | Defendant argues voluntary consumption includes intoxication that follows initial drinking | Yes; voluntary consumption includes the intoxication here and the first-party claim is barred. |
| Whether abandonment and transportation-failure claims survive under the second sentence | Plaintiff contends these arise from acts other than serving alcohol | Defendant contends immunity extends to service-related conduct only and does not shield non-service acts | No; second sentence does not carve out these claims when they hinge on service-imposed intoxication. |
| Whether remedy and jury-trial provisions are violated by the statute | Remedy and jury-trial rights are violated by immunizing the server | Statutory scheme provides an adequate remedy and maintains jury trial where applicable | Not violated; remedy and jury-trial guarantees preserved given historical context and lack of 1857 common-law claim. |
Key Cases Cited
- Fulmer v. Timber Inn Restaurant & Lounge, Inc., 330 Or 413 (2000) (recognized intoxicated party claim against server prior to 471.565(1))
- Ibach v. Jackson, 148 Or 92 (1934) (first-party common-law intoxication claim against alcohol provider)
- Smothers v. Gresham Transfer, Inc., 332 Or 83 (2001) (remedy clause analysis for 1857 rights)
- Howell v. Boyle, 353 Or 359 (2013) (contributory negligence history and remedy-clause dicta)
- Clarke v. OHSU, 343 Or 581 (2007) (remedy clause analysis of sovereign/immunity context)
- Cunningham v. Happy Palace, Inc., 157 Or App 334 (1998) (pre-471.565(1) authorities on related negligence)