Balzer v. Moore

*194*159Mitchell 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 Johnson and Moore had been drinking immediately prior to the accident-alleging that defendant had negligently served Moore alcoholic beverages when he was visibly intoxicated.1 The trial court granted summary judgment to defendant, concluding that, under ORS…