Sager v. McClenden

Plaintiff, the personal representative of the estate of Gerald Sager, who died as the result of a fall while intoxicated, brought this wrongful death action against two cocktail lounges and an employe bartender. The complaint alleged that defendants negligently served alcohol to decedent after he was visibly intoxicated. The trial court granted defendants’ motion to dismiss and motion for judgment on the pleadings, finding that plaintiff failed to state facts sufficient to constitute a claim. ORCP 21. The issue is whether a person or, as here, the personal representative of his estate has a…