Piazza v. Kellim

Plaintiff, the personal representative of the estate of Martha Delgado, alleged in her complaint that Delgado, a foreign exchange student staying in this country under the supervision of defendants Rotary International and Rotary International District 5100, was shot and killed by an assailant while standing in line on a public sidewalk outside the "Zone," a teenage nightclub in Portland owned by several business entities. On defendants’ motion, the trial court dismissed plaintiff’s complaint on the ground that plaintiff had failed to state facts sufficient to constitute a claim for relief with respect to the issue whether Delgado’s death was a foreseeable result of defendants’ conduct. A divided panel of the Court of Appeals reversed. On review, the Oregon Supreme Court concluded that plaintiff alleged facts that, if proved, were sufficient to permit a reasonable juror to find that Delgado’s death was a reasonably foreseeable result of defendants’ conduct. Accordingly, the decision of the Court of Appeals was affirmed, and the judgment dismissing this action was reversed and the matter remanded to the trial court for further proceedings. View "Piazza v. Kellim" on Justia Law