Courtroom Success - Mark Scheer

Congratulations to IADC member Mark P. Scheer and associate Rob Kirsher of Scheer & Zehnder LLP in Portland, Oregon, for their successful defense of a restaurant who was sued by a patron who allegedly became intoxicated at the restaurant and later severely injured herself in a car accident. The plaintiff was seeking in excess of $19 million, and the lawsuit was well-reported in the local media. Mark and Rob filed a motion to dismiss the claims as barred by ORS 471.565(1), a statute that prohibits patrons from suing a server of alcohol for injuries caused by the patron’s “voluntary” consumption of alcohol. The plaintiff attempted to plead around the statute, alleging that her consumption was involuntary because she was too intoxicated to voluntarily consume more alcohol. The trial court granted the motion to dismiss, ruling that the statute prohibited the claims and that the statute did not violate various protections afforded by the Oregon Constitution. The matter is expected to be appealed.