Kimbler v. Stillwell

Plaintiff, as the personal representative of the estate of Michael Kimbler, brought a wrongful death action against John Stillwell and G.I. Joe’s, a retail merchant, alleging that Stillwell had intentionally shot Michael Kimbler with a shotgun and shells which G.I. Joe’s had made it too easy for Still-well to take from its store. The circuit court dismissed the complaint against G.I. Joe’s under ORCP 21A.(8) as not stating ultimate facts sufficient to constitute a claim. On plaintiffs appeal, the Court of Appeals reversed the judgment of dismissal and remanded the case to the circuit court.…