Morgan v. Valley Property and Casualty Ins. Co.

In order for an exhibit to be admissible under the terms of the Oregon Evidence Code, the exhibit must be considered a business record which includes a “duty to report” requirement. 289 Or App at 455, 461 (citing State v. Cain, 260 Or App 626, 632-34, 320 P3d 600 (2014).

Plaintiffs appealed for reconsideration of the circuit court’s decision. Plaintiffs assigned error to the circuit court’s determination that the “inventory spreadsheet of lost properties and their value” (the spreadsheet) was inadmissible hearsay instead of business record under OEC 803(6). On appeal, the Plaintiffs argued that if the circuit court’s judgment was reversed then it should have been remanded for only trial damages. Defendant argued that the circuit court did not err in determining the spreadsheet was inadmissible. In order for an exhibit to be admissible under the terms of the Oregon Evidence Code, the exhibit must be considered a business record which includes a “duty to report” requirement. 289 Or App at 455, 461 (citing State v. Cain, 260 Or App 626, 632-34, 320 P3d 600 (2014). The Court of Appeals held that the spreadsheet was not a business record because it originated from outside sources that did not meet the “duty to report” requirement. Reconsideration allowed; former opinion clarified and adhered to as clarified.