Easly v. Colby

In this negligence action, plaintiff sought to establish, among other things, that defendant Deppmeier served marijuana to defendant Colby at a time when she was visibly intoxicated.1 The trial court took that question from the jury on a mistaken belief that the serving of marijuana to a visibly intoxicated person cannot legally result in liability. See Aebischer v. Reidt, 74 Or App 692, 696, 704 P2d 531, rev den 300 Or 332 (1985). It submitted only the question of furnishing alcohol when Colby was visibly intoxicated. The jury returned a verdict for Deppmeier. Recognizing its error in…