Fulmer v. Timber Inn Restaurant & Lounge, Inc.

This is a civil proceeding in which plaintiffs seek recovery from defendants for injuries that plaintiff 1 sustained in a fall on defendants’ premises after defendants allegedly served alcohol to plaintiff while plaintiff was visibly intoxicated. Plaintiffs’ second amended complaint (hereinafter complaint) alleged eight claims for relief, including negligence per se, common-law negligence, premises liability, and loss of consortium. The trial court dismissed the complaint for failure to state a claim. ORCP 21 A(8). Plaintiffs appealed, and the Court of Appeals affirmed. Fulmer v. Timber Inn…