Benavidez v. Benavidez

Plaintiff appeals a judgment dismissing his personal injury claim, ORCP 21 A(2), because of failure to adequately serve defendant, Crystal Newkirk, 1 within 60 days of filing the complaint. ORCP 7; ORS 12.020. Plaintiff asserts that the trial court erred in concluding that plaintiff’s method of service was inadequate and contends that that service satisfied the requirements of ORCP 7 D(l) because it was reasonably calculated to apprise defendant of the pendency of the action. We reverse and remand.

For the purposes of this appeal, the material facts are undisputed: On September 4,1995,…