Downs v. Waremart, Inc.

The question before us is whether plaintiff in this case sufficiently pleaded the publication element of the tort of defamation, using a theory of “compelled self-publication.” We answer that question “no.”

The trial court granted defendant’s motion, made pursuant to ORCP 21 A(8), 2 to dismiss plaintiffs claim for defamation based on a theory of “compelled self-publication.” 3 Therefore, we assume the truth of all well-pleaded facts alleged in the complaint and give plaintiff, as the non-moving party, the benefit of all favorable inferences that may be drawn from those facts. Stringer v. Car…