Opinion

Wiener v. Gamma Phi Chapter of Alpha Tau Omega Fraternity

  • 258 Or. 632
  • 485 P.2d 18
  • 53 A.L.R. 3d 1276
  • 1971 Ore. LEXIS 478
Court
Oregon Supreme Court
Filed
May 19, 1971
Status
Published
Author
Bryson
On the bench
O'Connell, McAllister, Denecke, Holman, Howell, Bryson, Schwab
Cited by
81 cases

concluding that allegations that fraternity planned and conducted party, invited guests — including minors — and caused alcoholic beverages to be served or made available to party guests, if proved, were sufficient to hold fraternity liable for harm caused by intoxicated minor who consumed alcohol at the party

How later courts described this case

  • concluding that allegations that fraternity planned and conducted party, invited guests — including minors — and caused alcoholic beverages to be served or made available to party guests, if proved, were sufficient to hold fraternity liable for harm caused by intoxicated minor who consumed alcohol at the party
  • holding that an Oregon statute similar to RCW 66.44.270 was designed to protect minors from drinking alcoholic beverages, not to protect third persons from injuries resulting from the conduct of inebriated minors
  • “We think that the design of ORS 471.410(2) [a statute that prohibited persons other than parents or guardians from providing alcoholic beverages to any person under the age of 21] was to protect minors from the vice of drinking alcoholic beverages; it was not the purpose of the statute to protect third persons from injury resulting from the conduct of inebriated minors * * *.”
  • permitting social host liability against parties who had reason to know the people alcohol was served to might do unreasonable things

Written by the judges who cited it.

The opinion

BRYSON, J.,

dissenting.

I join in the above dissent. These questions should be decided after the evidence is before us and not on demurrer to the pleadings.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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