Bahr v. Statesman Journal Co.

Plaintiff appeals the trial court’s granting of a motion to dismiss his defamation complaint for failure to state ultimate facts sufficient to constitute a claim. ORCP 21(a)(8). We affirm.

Plaintiff was a candidate for Marion County Commissioner in September, 1978, and as such was interviewed by defendant Rede, an employee of the defendant newspaper. During this interview plaintiff was asked about a conviction for embezzlement which had occurred in 1964. Because the crime had been expunged pursuant to ORS 137.225(1), 1 plaintiff replied that he had not been convicted of a crime. The newspaper…