Date: 11-01-2000

Case Style: David A. DeLong v. Yu Enterprises, Inc.

Case Number: 16-97-03468

Judge: David V. Brewer

Court: Circuit Court, Lane County, Oregon

Plaintiff's Attorney: David C. Force, Eugene, Oregon

Defendant's Attorney: Joel S. DeVore of Luvaas, Cobb, Richards & Fraser, P.C., Eugene, Oregon

Description: Defendant is part owner of a corporation that operates motels in Springfield. Plaintiff worked as a manager in one of those motels. Plaintiff and defendant became embroiled in a dispute, the details of which are not pertinent. Defendant became upset and fired plaintiff. Defendant then went to the Springfield Police Department and told an officer that, during the time that plaintiff managed the motel, money and hotel property had disappeared. Defendant did not accuse plaintiff of stealing the money or the property, but he did ask that the police investigate.

The officer investigated and forwarded a report to the district attorney, as was standard procedure. The district attorney told the officer to issue a citation to plaintiff for theft in the second degree, and the officer did so. The district attorney later filed an information charging plaintiff with theft in the second degree. A warrant for plaintiff's arrest followed. Some months later, plaintiff turned himself in to the police. Ultimately, he was released, and the charges against him were dismissed.

Plaintiff then initiated this action for defamation and malicious prosecution, based on defendant's report to the Springfield police that property and money had been missing during plaintiff's management of the motel. Defendant answered, asserting a defense of absolute privilege.

Outcome: The jury ultimately found for defendant on the malicious prosecution claim, but for plaintiff on the defamation claim.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Reversed and remanded by the Court of Appeals of Oregon which held that under Oregon law, statements made in the course of or incident to a judicial or quasi-judicial proceeding enjoy an absolute privilege as to a defamation claim. See: 13 P.2d 1012 (Or.App. 2000).