Opinion · Court of Appeals of Oregon
Benassi v. Georgia-Pacific
63 Or. App. 672
- Type
- Opinion
- Court
- Court of Appeals of Oregon
- Jurisdiction
- Oregon
- Date
- 1983-06-29
- Topic
- general
How later courts describe this case
- holding, under opposite facts, that utter lack of investigation and known unreliability of evidence precluded finding that reasonable belief in truth of statement existed
- statement by employer that employee was fired because he was “drunk and misbehaving in a bar” was defamatory per se
Citator
UpLaw has not yet analyzed Benassi v. Georgia-Pacific. The absence of a flag is not a finding that it is good law.
- Cited by
- 26 opinions
In our original opinion in this case, we reversed a judgment for plaintiff and remanded the case for a new trial on plaintiffs defamation claim. The only issues raised or discussed by either party related to that claim. In his petition, plaintiff points out, correctly, that he also prevailed on a wage claim for $4,429.90, plus $4,000 attorney fees on that claim, and that our mandate should have affirmed that portion of the judgment. He is correct.
The following portions of the judgment are affirmed:
“IT IS FURTHER CONSIDERED, ORDERED AND ADJUDGED that the plaintiff have and recover of and from the defendant judgment in the sum of $4,429.90, together with interest thereon at the rate of 9% per annum from May 31, 1979 until paid.
«* * * * *
“IT IS FURTHER CONSIDERED, ORDERED AND ADJUDGED that the plaintiff have and recover of and from the defendant judgment in the sum of $4,000 on account of plaintiffs attorneys fees on his first claim for relief.”
Petition for reconsideration granted; former opinion modified, and, as so modified, adhered to.