Duvall v. McLeod

*687HASELTON, J.

Plaintiff appeals from a judgment following a jury trial, assigning error to a pretrial order setting aside a default judgment. ORCP 69 C. Plaintiff asserts, in particular, that the trial court erred in granting defendant’s motion to set aside the default judgment because that motion was not “accompanied by’ a responsive pleading as required by ORCP 71 B(1). We affirm.

This action arose out of a 1992 auto accident in which defendant negligently rear-ended plaintiffs car. In September 1994, plaintiff filed a complaint, served defendant, and sent a courtesy copy of the complaint to…