Stachniewicz v. Mar-Cam Corp., Sup. Ct. Of Or.,

259 Or. 583, 488 P.2d 436 (1971)

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Nature of the Case

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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.