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Blandino v. McIlvaine1/30/2002
cause to believe that Fischel had committed perjury and false swearing at the 1993 personal injury trial. According to Chaney, his information was that Fischel had merely misspoken and had not intended to mislead, that the local district attorney believed that Blandino had misled him into initiating the criminal proceedings against Fischel, that Blandino had lied about his own professional credentials, and that he had a motive to be vindictive towards Fischel. Blandino contests none of that. His principal argument on appeal is that Chaney simply is not to be believed. Chaney replies that uncontradicted testimony cannot be controverted simply by asserting that it should not be believed. Chaney is correct. Tolbert v. First National Bank, 312 Or 485, 495, 823 P2d 965 (1991) ("flat disbelief * * * is not an inference that plaintiffs may invoke on summary judgment"); see also Downs v. Waremart, Inc., 137 Or App 119, 137, 903 P2d 888 (1995) (only evidence of "specific facts" supporting an inference of fabrication sufficient to defeat summary judgment).
Blandino insists that Chaney should not be believed because he knew that Fischel had admitted that he lied in the 1993 personal injury trial. The only evidence that he cites in support of that assertion is Fischel's letter to the local district attorney, in which he explained that he had not lied about his qualifications, but rather had misunderstood the question and misspoken his answer. Blandino insists that Fischel's explanation is not credible. Thus, once again, the best that Blandino offers is an argument of flat disbelief of uncontradicted evidence. We conclude that the trial court did not err in entering summary judgment in favor of Chaney.
Affirmed.
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