Bonner v. American Golf Corporation of California, Inc.

Application of ORS 471.565(1) leaves intact claims for involuntary intoxication but precludes recovery for injuries resulting from a patron’s voluntary intoxication.

On certified question from federal district court, the Oregon Supreme Court considered whether ORS 471.565(1), which bars negligence claims by patrons who “voluntarily consume” alcohol, even if served while visibly intoxicated, violates the remedy clause of Article I, Section 10, of the Oregon Constitution.

Plaintiff was allegedly overserved at a golf club, became intoxicated, and was injured after falling from a golf cart. Defendants argued ORS 471.565(1) barred the negligence claim. Plaintiff responded that the statute unconstitutionally deprived him of a remedy.

The Court reaffirmed that Oregon common law recognizes a duty not to serve alcohol to visibly intoxicated persons. Further, the Court applied the remedy clause framework from Horton v. OHSU, and reaffirmed Ibach v. Jackson, which held that a visibly intoxicated person may recover only if alcohol was consumed involuntarily, that is after losing the “sense of reason and volition.” Horton v. OHSU, 359 Or 168, 218-19, 376 P3d 998 (2016). Ibach v. Jackson, 148 Or 92, 35 P2d 672 (1934). Because ORS 471.565(1) preserves claims for involuntary intoxication, the Court held it bars claims only when a patron voluntarily consumes alcohol, not when consumption is involuntary.

Thus, the statute does not violate the remedy clause. Application of ORS 471.565(1) leaves intact claims for involuntary intoxication but precludes recovery for injuries resulting from a patron’s voluntary intoxication. CERTIFIED QUESTION ANSWERED.