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JOHN DEERE CO. v. EPSTEIN

TC 35203; CA A36833; SC S35390.

769 P.2d 766 (1989)

307 Or. 348

JOHN DEERE COMPANY, a Delaware Corporation, Plaintiff/Respondent On Review v. Michael P. EPSTEIN, Defendant-Respondent/Cross-Respondent Steven J. Haddix, Petitioner On Review.

Supreme Court of Oregon.

Decided February 14, 1989.

Attorney(s) appearing for the Case

Brian J. MacRitchie, MacRitchie, Petersen & Stiegler, Bend, argued the cause and filed the petition for petitioner on review.

Don Carter, McEwen, Gisvold, Rankin & Stewart, Portland, argued the cause and filed the response for respondent on review.

Before PETERSON, C.J., LINDE, CAMPBELL, CARSON, JONES and GILLETTE, JJ., and VAN HOOMISSEN, J. Pro Tem.

VAN HOOMISSEN, Justice.

The issue in this case is whether OEC 513(1)1 prohibits the finder of fact in a civil action from drawing an inference from a party's assertion of his Fifth Amendment right not to testify against himself. The Court of Appeals held that an inference may be drawn. John Deere Co. v. Epstein, 91 Or.App. 195, 202, 755 P.2d 711 (1988). We disagree...

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