Harp v. Loux

Defendant 1 appeals from the denial of his motion to set aside a default judgment in this action arising out of a motor vehicle accident. He contends that (D the default judgment was improper because there was no showing that plaintiff used "due diligence” to locate him before attempting to serve him by mail; (2) the trial court abused its discretion by not setting aside the judgment on grounds of surprise, when neither defendant nor his insurer was actually serviced or notified of the action by plaintiff; (3) if ORCP 7D(4)(a) and (c) permit a judgment to be taken without the defendant or his…