· 12/30/1988
Moore v. Willis
Citations
- 767 P.2d 62
- 307 Or. 254
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding emotional distress damages are available when attorney negligence results in the client being \forcibly deprived of his liberty and dispatched to a mental hospital\
- “Including the words ‘knew or should have known’ in a complaint does not automatically satisfy the requirement of alleging foreseeability.”
- affirming grant of motion for judg- ment on the pleadings, where the plaintiff alleged that the defendant “should have known” of a risk, which was merely a legal conclusion that the defendant was negligent, without alleging ultimate facts that would justify drawing that legal conclusion
- complaint must allege facts from which factfinder could determine that defendants had reason to know that violence could result from underage drinking
- “At issue is whether the plaintiff alleged ultimate facts that would allow a factfinder to determine that the violence was foreseeable.”
- “if ORS 30.950 creates statutory liability, the remedy is not available to plaintiffs” who are shot or stabbed
Source: CourtListener parenthetical corpus (CC0).
Judges: Peterson, Linde, Campbell, Carson, Jones, Van Hoomissen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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