Hawkins v. Conklin

We accepted review to determine whether a tavern owner may be liable when one patron assaults and injures another patron after both patrons left the tavern. The plaintiff alleges theories of common law negligence based on the defendant’s failure to call the police to have the intoxicated patron removed and her failure to protect the plaintiff when he left the tavern. The plaintiff alleges a theory of negligence based on ORS 471.410. He also seeks to recover under a theory of statutory liability based on ORS 30.950. The trial court granted the defendant’s motion for judgment on the pleadings…