Moore v. Willis

*495NEWMAN, J.

In this wrongful death action, plaintiff appeals a judgment on the pleadings for defendants Butchek and O’Brien.1 ORCP 21B. We reverse.

Plaintiff is the personal representative of Moore, the deceased. Moore’s minor son, Troy, survived him. In his first claim, based on common law negligence and negligence per se, plaintiff alleged that the Butcheks and O’Briens owned and operated taverns and were in the business of selling intoxicating beverages. They served intoxicating beverages to Willis and Phillips during the evening of August 19-20, 1983, when Willis and Phillips were visibly…