Gattman v. Favro

I concur in the majority’s disposition of the claims based on negligence and negligence per se, but dissent from the disposition of the statutory tort claim. That claim alleges that defendant violated ORS 30.950:

“No licensee or permitee is liable for damages incurred or caused by intoxicated patrons off the licensee’s or permitee’s business premises unless the licensee or permitee has served or provided the patron alcoholic beverages when such patron was visibly intoxicated.”

I disagree with the majority’s conclusion that ORS 30.950 does not limit recoverable damages to those caused by…