The estate of a 32-year-old man — who was allegedly stabbed to death by a visibly drunk stranger — has filed a $9 million lawsuit against the stranger accused of the killing and the bar who served the suspected assailant alcohol.
The estate of Colin Smith is suing The High Dive bar in Southeast Portland, faulting it for allegedly selling 24-year-old Rahnique Jackson shots of tequila while he was visibly intoxicated and exhibiting aggressive behavior. Later that same night, Jackson allegedly uttered a homophobic slur at Smith’s friend and shoved the friend into a patio table outside the bar, prompting Smith to stand up and tell Jackson to leave.
Jackson is then accused of pulling out a switchblade knife and stabbing Smith seven times, killing him on July 2, 2023, next to a table outside the bar.
The lawsuit is rare because although Oregon law allows bars or other hosts who serve visibly intoxicated people to be held financially responsible for the injuries they go on to inflict on others – that’s almost always in the case of drunken drivers who leave and kill other people, usually as they’re driving home.
The High Dive didn’t immediately return a call seeking comment Monday. Jackson is currently in Multnomah County jail, awaiting trial in July on charges of second-degree murder, unlawful use of a weapon and bias crime. Jason Steen, the public defender representing Jackson in the criminal case, declined comment on Jackson’s behalf.
Public defender Zachary Pedrazzi (left) speaks to Circuit Court Judge Michael Greenlick on behalf of Rahnique Jackson (right) at his first court appearance at the Multnomah County Justice Center on Monday, July 10, 2023.Nick Gibson/The Oregonian
To prove the civil case against The High Dive and Jackson, an attorney representing Smith’s estate will need to show that Jackson was obviously inebriated and it was foreseeable that he might assault someone else.
Prosecutors said in court papers in the criminal case against Jackson that police interviewed 18 witnesses, and “all appear to agree that (Jackson) was intoxicated and inappropriate throughout the evening.” That included, prosecutors said, getting in “physical confrontations with at least four different people” and using homophobic slurs.
Smith was a popular and beloved server at the Northeast Portland restaurant Ox. He had dreams of opening his own restaurant one day, his sister told The Oregonian/OregonLive shortly after his death.
The lawsuit was filed Friday in Multnomah County Circuit Court by Portland attorney Josh Lamborn.
— Aimee Green covers breaking news and the justice system. Reach her at 503-294-5119, agreen@oregonian.com or @o_aimee.
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