Ollison v. Weinberg Racing Assoc.

Plaintiffs appeal judgments entered after their respective complaints were dismissed under ORCP 21A(8) for failure to state a claim. The cases have been consolidated for appeal. We reverse and remand.

The allegations of negligence in the complaints are identical. Plaintiffs allege that they were patrons of the Portland Meadows Race Course on January 23, 1980, which was “Fan Appreciation Night,” when beer was sold on the premises for less than half the usual price. A patron, Thurman, fired a gun, causing a stampede of other patrons in which plaintiffs were knocked to the ground, trampled and…