STACHNIEWICZ V. MAR-CAM CORP.
Sup. Ct. of Or., 259 Or. 583, 488 P.2d 436 (1971)
NATURE OF THE CASE: This is an action for damages from a barroom brawl.
FACTS: A fight erupted in a bar between some American Indians and others who were
offended by the refusal of one of Stachniewicz's (P) friends to allow his wife to dance with
one of the Indians who was intoxicated. After numerous insults were traded, a brawl
commenced. Eventually someone yelled 'Fuzz' and the parties began to exit. P followed them
out the door was found lying just outside with his feet wedging the door open. P suffered
retrograde amnesia and could not remember anything. P sued; Mar-Cam (D) violated state
regulations against serving liquor to visibly intoxicated persons, allowing boisterous or
profane or abusive language in or upon a licensed premise, and permitting a visibly
intoxicated person to enter or remain on the premises. The jury did not find D's actions to
be negligent per se. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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