Sustinatorii lui Movila sunt pastori penticostali PENALI !
Opriti invadarea Romaniei de catre mafiile economice Penticostale si Baptiste !
"OMUL LUI DUMNEZEU" minte cu nerusinare !

"In this case, there is evidence that Pop repeatedly made false statements with 
no regard for their truth or falsity."


"FILED: June 17, 1998 


IN THE COURT OF APPEALS OF THE STATE OF OREGON
VICTOR MURESAN and VICKY 
MURESAN, husband and wife, 

Respondents, 

v. 

PHILADELPHIA ROMANIAN 
PENTECOSTAL CHURCH, aka, 
Romanian Assembly Church of God, 
and NICKY POP, 

Appellants, 

and 

GAVRILA LEUSCA, MIHAI CONTRA, 
DRAGOS SALAR, PAVEL DOBRA, 
PETRU DEHELEAN, WILLY WILLSON, 
FLORE GHERMAN, VASILE IANOS, 
PAVEL COVACI, VASILE ONOFREI 
and GABRIEL LEUSCA, 

Defendants. 


(9412-08243; CA A93142)
Appeal from Circuit Court, Multnomah County. 

Nely L. Johnson, Judge. 

Argued and submitted October 8, 1997. 

Peter R. Chamberlain argued the cause for appellants. With him on the briefs 
was Bodyfelt Mount Stroup & Chamberlain. 

Margaret H. Leek Leiberan argued the cause for respondents. With her on the 
brief were Ivan M. Karmel and Leiberan & Gazeley. 

Before Riggs, Presiding Judge, and Landau and Wollheim*, Judges. 


LANDAU, J. 

Affirmed. 

*Wollheim, J., vice Leeson, J. 

LANDAU, J. 

Defendants(1) seek reversal of the judgment following the jury's verdict for 
plaintiffs finding defendants liable for slander and invasion of privacy. We 
affirm. 

We view the facts drawn in the light most favorable to plaintiffs as the 
prevailing parties. See Brown v. Boise-Cascade Corp., 150 Or App 391, 329 n 4, 
946 P2d 324 (1997); Hickey v. Settlemier, 141 Or App 103, 108, 917 P2d 44, rev 
den 323 Or 690 (1996). Plaintiffs, Victor and Vicky Muresan, are Romanian 
immigrants who are members of defendant Philadelphia Romanian Pentecostal 
Church, which is affiliated with the Assemblies of God denomination. Defendant 
Nicky Pop is a pastor at the church. Plaintiffs made their living by running an 
adult foster home that always was filled to capacity. Victor is an ordained 
pastor within the Pentecostal faith and occasionally preached at the church. 
Vicky maintained certification as a nurse and was a popular midwife in the 
Romanian community. The Muresans attended church services and meetings several 
times a week. The church was the central focus of their lives. 

In 1992, the church members planned to build a new church building. There 
ensued some debate over whether the new building would belong solely to them or 
to the Assemblies of God. Pop called for a secret vote to decide the ownership 
of the building, and the majority of votes favored separation from the 
Assemblies of God. Pop stated that he would take action to effectuate the vote. 
One or two months later, however, Pop announced that the church would remain 
with the Assemblies of God and that anyone not in favor of that decision could 
leave. At some point after that statement, Pop remarked to members at a meeting 
that the new construction would not belong to the Assemblies of God. Hearing 
the inconsistency in Pop's statements, Victor asked Pop to put what he said in 
writing. Pop dated and signed a blank piece of paper, and Victor asked him to 
write what he had said on the paper, which he then did. After that incident, 
Pop's attitude toward Victor changed, and Pop began to isolate and avoid him. 

On October 3, 1993, three of plaintiffs' children were injured in an automobile 
accident. While stopped at an intersection, they were hit from behind by a car 
driven by Mishel Contra, the daughter of another church family. Mishel had only 
a driver's permit and not a driver's license. One of the children, Daniela 
Muresan, who was an adult, telephoned the police to report the accident. She 
was informed that her insurance company would handle it and that the police 
would not come to the accident site because no one was bleeding. Mishel's 
father, Mihai Contra, arrived at the site, but refused to give Daniela his 
insurance policy information. He stated that he would speak about the accident 
only with Victor. The next day, Mihai spoke with Victor and offered to buy the 
Muresan's car. He said that he wanted to avoid having the Muresans file a 
report on the accident, because he did not want his daughter to have a bad 
record for driving without a license. Mihai later delivered a letter to Victor 
stating that he would stop by that evening with a check for $2,000 to buy the 
car and that he would pay the balance in the future. Victor waited at home, but 
Mihai never called or appeared. 

Meanwhile, Daniela knew that Oregon law obliged her to report the accident 
within 72 hours, and, two days after the accident, she reported the accident to 
the Department of Motor Vehicles and filed a report with her insurance agent. 
She did not tell her parents about reporting the accident until after the fact. 
At the same time, she began experiencing headaches and dizziness and went to a 
chiropractor. She received treatment for her injuries for approximately four 
months. Daniela's sister, Gabriela Muresan, also was injured in the accident 
and sought treatment for her neck and lower back. Daniela hired an attorney, 
and she and Gabriela settled their insurance claims so that all attorney and 
medical bills were paid, and they each received $4,000 for pain and suffering. 

Victor heard nothing more about the accident from Mihai or any other church 
member, and he continued to preach occasionally and to participate in church 
activities. Two months after the accident, however, Pop told Victor that he 
should come in front of the church board, because Contra was "squeezing my 
throat, my neck, because I call you to preach." A day or two later, on December 
8, 1993, the board met, and Victor appeared. The board meeting opened with 
Mihai describing his "unhappiness" with the fact that Victor's daughter had 
filed a report about the accident. Victor replied that he was not responsible 
for his daughter's actions because she was 21 years old and it was her car. At 
that point, several board members expressed their disapproval of Victor for 
allowing his daughter to file the report and for his continuing to preach when 
he knew that Mihai had something against him. When the discussion ended, Pop 
announced to Victor that he could leave the meeting and that the board would 
send him its response in writing. 

No response came, and, during the next three months, Victor was not assigned 
any activities in the church. He did continue to work on the construction of 
the new church with the other men, however. While working on the construction, 
church members began to ask Victor whether what was being said about him was 
true--that he was taking his children to the doctor and having them pretend to 
be sick to get money from the Contra family. At the same time, the Muresans 
noticed that people from the church began to distance themselves from the 
family. Approximately four months after the board meeting, Pop told Victor that 
Mihai wanted to make peace with him and inquired as to whether Victor wanted 
the same. Victor replied that he never had any problem with Mihai, but that he 
was willing to meet and make peace at any time. A few days later, Victor ran 
into Mihai at the church, and they talked together for about two hours and made 
peace with each other. Pop approached and expressed pleasure that peace had 
been made, yet declined Mihai's request that the peace be declared in front of 
the board, stating that it was not necessary, because he, Pop, represented the 
board. 

Some time after that, another church member told Victor that Pop had said to 
him that "[Victor] took the Contra family to court to get money and he sent his 
kids to the doctor to pretend they are ill just to get money from a family[.]" 
In May, Victor again was called before the board to discuss the matter of the 
accident. He appeared at a meeting on May 20, 1994, at which Mihai stated that 
Victor should not be allowed to preach for the next three years, because the 
Contra family had to pay high insurance premiums for that amount of time. Pop 
accused Victor of taking his children to the doctor and having them pretend to 
be sick so that he could take money untruthfully from the Contras. Neither Pop, 
nor any other church member, ever investigated the facts of the situation to 
ascertain the extent of damage done to the car or the injuries suffered by the 
passengers. Pop did not know whether the Muresan children, in fact, were 
injured by the accident. 

Victor and Vicky filed a complaint against Pop on December 5, 1994, alleging 
defamation and other torts. They later amended their complaint to allege 
invasion of privacy by placing the Muresans in a false light. The complaint 
also named the church as a defendant, vicariously liable for the tortious 
conduct of its employee, Pop. Following the filing of the complaint, Pop made 
further statements about the Muresans to approximately 200 people gathered at a 
meeting held on February 25, 1995. He stated that the Muresans's daughters went 
to the doctor pretending to be sick and that Victor had an arrangement with his 
doctor and his lawyer in an effort to get "untrue" money from Mihai. The next 
day, in front of the entire church assembly of several hundred people, Pop 
again accused the Muresan family of acting fraudulently. Plaintiffs later 
amended their complaint to include additional allegations of defamation by Pop. 

At the close of trial, defendants moved for a directed verdict on the 
defamation and false light claims. In the alternative, and on the same grounds, 
they moved to strike all of the defamation and false light allegations. As to 
the defamation claim, defendants offered two arguments. First, defendants 
contended that whatever statements Pop made about plaintiffs were subject to a 
qualified privilege, because those statements were made for a religious 
purpose. Second, defendants contended that plaintiffs failed to prove that Pop 
defamed them. Specifically, they argued that, because plaintiffs had failed to 
plead or prove pecuniary harm caused by Pop's statements about the Muresans, 
plaintiffs could prevail only if they proved that Pop had committed slander per 
se, and plaintiffs failed to prove that. Plaintiffs responded that any 
qualified privilege that might otherwise have applied was lost, because Pop 
lacked reasonable grounds to believe that his statements were true, because the 
statements served no religious purpose and because they were, in fact, made in 
pursuit of a grudge against Victor. Plaintiffs further responded that they 
proved that Pop committed slander per se by establishing that he repeatedly 
accused them of committing criminal fraud. 

As to the false light claim, defendants again asserted a defense of qualified 
privilege. They also contended that plaintiffs failed to prove the elements of 
a false light claim, because the evidence at trial failed to show any 
widespread publication or actual malice. Plaintiffs responded that, as with the 
defamation claim, any qualified privilege that otherwise might have applied was 
lost. They also responded that the evidence showed publication to a 
sufficiently large segment of the community to satisfy the publication element 
of their false light claim and that they established Pop's malice by 
demonstrating his reckless disregard for the truth of the defamatory 
statements. 

The trial court agreed with plaintiffs and denied the motions. The court 
instructed the jury on both claims. It also delivered an instruction on 
defendants' qualified privilege defense. It informed the jury that defendants 
were entitled to a privilege as to any statements that Pop made during board 
meetings, church services, conferences and meetings, but that defendants 
forfeited that privilege if Pop abused it. No one took exception to the 
instruction. The jury returned a verdict in favor of plaintiffs. In a special 
verdict form, it found that Pop had slandered and invaded the privacy of both 
plaintiffs. It awarded $3,000 economic damages to both plaintiffs, $162,500 in 
noneconomic damages to Vicky and $87,500 in noneconomic damages to Victor. 

On appeal, defendants assign error to the trial court's denial of their motion 
for a directed verdict as to the defamation claim. In support of their 
assignment, defendants contend that the court's ruling was erroneous because: 
(1) Pop's statements were subject to an absolute privilege afforded by the 
religious freedom guarantees of the federal and state constitutions; (2) Pop's 
statements were subject to a qualified privilege, which Pop neither abused nor 
exceeded; and (3) plaintiffs failed to prove slander per se. 

We do not address defendants' first contention, that Pop's statements were 
subject to an absolute constitutional privilege. The argument was not raised 
below, and we will not entertain it for the first time on appeal. Brokenshire 
v. Rivas and Rivas, Ltd., 327 Or 119, 121, ___ P2d ___ (1998). 

We turn to the contention that Pop's statements were subject to a qualified 
privilege. At the outset, we note that whether Oregon law recognizes a 
qualified privilege for statements made during religious proceedings is not 
before us. The trial court instructed the jury that the privilege--if not 
abused--pertains, apparently based on decisions from other jurisdictions to 
that effect. See, e.g., Korean Presbyterian Church v. Lee, 75 Wash App 833, 
841-43, 880 P2d 565 (1994) (recognizing qualified privilege in action for 
defamation brought by church members against church officials for statements 
made during church meeting). No one took exception to that instruction, 
however. The only question before us is whether, assuming that such a privilege 
exists, there was evidence to support a jury finding that it was forfeited. 

Under Oregon law, a qualified privilege to make a defamatory statement may be 
lost if a plaintiff demonstrates that the individual making the defamatory 
statement either lacked objectively reasonable grounds for the statement or did 
not, in fact, believe the statement to be true. Walsh v. Consolidated 
Freightways, 278 Or 347, 356-57, 563 P2d 1205 (1977). A qualified privilege 
also may be forfeited upon proof that it was uttered for a motive unrelated to 
the purpose of the privilege. Wattenburg v. United Medical Lab., 269 Or 377, 
380, 525 P2d 113 (1974). 

Whether Pop forfeited his privilege thus depends on whether there is evidence 
that he lacked objectively reasonable grounds for making his statements about 
plaintiffs, that he did not believe those statements to be true or that he made 
the statements for something other than religious purposes. In reviewing the 
trial court's decision to let that question go to the jury, we examine the 
record for any evidence in support of the jury's ultimate verdict. Hickey, 141 
Or App at 108. 

Our review of the record reveals evidence both that Pop lacked a reasonable 
basis for his statements and that he made those statements for other than a 
religious purpose. He testified that he did not know, and made no effort to 
determine, whether the Muresan children, in fact, were injured, even though he 
told others repeatedly that they were not. He testified that he did not know, 
and made no effort to determine, whether, in fact, plaintiffs encouraged their 
children to submit false insurance claims, even though he told others 
repeatedly that plaintiffs did precisely that. Moreover, there was evidence of 
a personal grudge against plaintiffs, arising out of Victor's challenge to 
Pop's authority regarding the construction and ownership of the new church 
building, and that Pop made the defamatory statements because of that grudge, 
not for a religious purpose. We conclude that the trial court did not err in 
rejecting defendants' motion for a directed verdict on the defamation claim 
based on the defense of a qualified privilege. 

There remain defendants' contentions concerning the sufficiency of the evidence 
of slander per se. Defendants acknowledge that accusing plaintiffs of 
defrauding the Contras or the insurance company would amount to accusing them 
of a crime. See ORS 164.085 (theft by deception). They nevertheless contend 
that the evidence shows that Pop never suggested that plaintiffs committed any 
crime, only that he upbraided them for failing to resolve their differences 
with the Contra family in a Christian way. 

To establish a claim of defamation, a plaintiff must show that the defendant 
communicated a defamatory statement about the plaintiff to a third party. 
Wallulis v. Dymowski, 323 Or 337, 342-43, 918 P2d 755 (1996). If the statement 
was of a particular character--specifically, if it accused the plaintiff of 
committing a crime or derogated the plaintiff's business, trade or profession 
or asserted that the plaintiff had a loathsome disease--the plaintiff is not 
required to establish that the publication of the statement caused economic 
damage. Hinkle v. Alexander, 244 Or 267, 273, 417 P2d 586 (1966). In such 
cases, the defamation is referred to as defamation "per se." Id. In this case, 
there is evidence that Pop repeatedly accused plaintiffs of having fabricated 
their daughters' injuries to obtain money from the Contra family. Pop may not 
explicitly have given plaintiffs' conduct the name of a particular crime, but 
he did accuse them falsely of having committed a crime. That is all the law 
requires. Defendants' argument to the contrary applies a "spin" to the evidence 
to which they are not entitled. In reviewing the trial court's denial of the 
directed verdict motion we examine the record for any evidence, viewed in the 
light most favorable to plaintiffs, who prevailed, not defendants, who did not. 
Hickey, 141 Or App at 108. The trial court did not err in denying defendants' 
motion for a directed verdict on the defamation claim. 

Defendants next assign error to the trial court's denial of their motion for a 
directed verdict on the false light claim. In support of the assignment they 
contend that the court's ruling was erroneous because: (1) Pop's statements 
were subject to an absolute privilege; (2) Pop's statements were subject to a 
qualified privilege, which he did not forfeit; and (3) because there is 
insufficient evidence of the elements of a false light claim, specifically 
publication and malice. 

We do not address defendants' claim of absolute privilege, because, as we have 
stated, that claim was not preserved below. We likewise do not address 
defendants' claim of qualified privilege, because, as we have stated, there is 
evidence that whatever privilege otherwise may have applied was forfeited. 
Defendants, in fact, concede that, if the privilege was lost as to the 
defamation claim, it was lost also as to the false light claim. 

That leaves the sufficiency of the evidence as to the false light claim. "False 
light" refers to one of four separate theories that comprise the tort commonly 
known as "invasion of privacy." Mauri v. Smith, 324 Or 476, 482, 929 P2d 307 
(1996). In Morrow v. II Morrow, Inc., 139 Or App 212, 911 P2d 964, rev den 323 
Or 153 (1996), we described the elements of a false light claim by reference to 
the Restatement (Second) of Torts § 652E: 


  "'One who gives publicity to a matter concerning another that places the 
other before the public in a false light is subject to liability to the other 
for invasion of his privacy, if 
  "'(a) the false light in which the other was placed would be highly offensive 
to a reasonable person, and 

  "'(b) the actor had knowledge of or acted in reckless disregard as to the 
falsity of the publicized matter and the false light in which the other would 
be placed.'"

Id. at 220 (quoting Restatement (Second) of Torts § 652 E). 

Defendants' first contention with respect to the false light claim is that 
plaintiffs failed to prove the element of publication. According to defendants, 
to prevail on the claim, plaintiffs must establish that Pop published false 
information about them "to the public at large." In Morrow, we explained that 
the element of publication is satisfied by proof that the false information 
"reached or was sure to reach either the public generally or a large number of 
persons in plaintiff's work community." Morrow, 139 Or App at 221. In this 
case, there was evidence that plaintiffs' entire community of friends, 
relatives and acquaintances were members of the church and that Pop made false 
statements about plaintiffs in church meetings of hundreds of members at a 
time. We conclude that the evidence was sufficient as to the element of 
publication. 

Defendants' second contention with respect to the false light claim is that 
plaintiffs failed to prove the element of malice, which they argue requires 
evidence of actual intent to harm. In support of that argument, defendants rely 
entirely on the use of the word "malice" in McNabb v. Oregonian Publishing Co., 
69 Or App 136, 143, 685 P2d 458, rev den 297 Or 824 (1984), cert den 469 US 
1216 (1985). In McNabb, however, we used the word "malice" expressly to 
describe what is required by subsection (b) of the Restatement (Second) of 
Torts § 652 E. McNabb, 69 Or App at 143 ("Subsection (b) requires that a 
plaintiff prove actual malice."). We did not alter the nature of the element so 
that it requires proof of more than either knowledge of or reckless disregard 
as to the falsity of the publicized matter. See Reesman v. Highfill, 149 Or App 
374, 387-88, 942 P2d 891 (1997), rev allowed 326 Or 464 (1998) (McNabb held 
that malice is shown by evidence of knowledge of or reckless disregard for 
falsity). In this case, there is evidence that Pop repeatedly made false 
statements with no regard for their truth or falsity. We conclude that the 
evidence was sufficient as to the element of publication and that the trial 
court did not err in denying the motion for a directed verdict as to the false 
light claim. 

Defendants include a number of other assignments of error in their appeal. We 
have considered each of them and reject them without further discussion. 

Affirmed. 



--------------------------------------------------------------------------------


1. Seven individuals, all members of the board of the Philadelphia Romanian 
Pentecostal Church, also were named as defendants, but the claims against them 
were dismissed and are not relevant to this appeal. 



 

[Non-text portions of this message have been removed]


------------------------------------

Sageata Albastra e cea mai mare tzeapa a transportului public!Yahoo! Groups 
Links

<*> To visit your group on the web, go to:
    http://groups.yahoo.com/group/protest-ro/

<*> Your email settings:
    Individual Email | Traditional

<*> To change settings online go to:
    http://groups.yahoo.com/group/protest-ro/join
    (Yahoo! ID required)

<*> To change settings via email:
    mailto:[EMAIL PROTECTED] 
    mailto:[EMAIL PROTECTED]

<*> To unsubscribe from this group, send an email to:
    [EMAIL PROTECTED]

<*> Your use of Yahoo! Groups is subject to:
    http://docs.yahoo.com/info/terms/

Raspunde prin e-mail lui