Ducosin v. Mott

The principal issue is whether a defamatory communication made to a county medical examiner suggesting a possible homicide is absolutely privileged. The trial court held that it was not, found the defendant acted maliciously, and awarded the plaintiff damages. The Court of Appeals held the communication was absolutely privileged and reversed. 49 Or App 369, 619 P2d 678 (1980), 50 Or App 207, 622 P2d 763 (1981). We affirm the Court of Appeals.

There was animosity and litigation between the parties caused by the defendant’s father bequeathing property to plaintiffs mother. The mother died in a…