Mitchem v. Rice

Plaintiff petitions for reconsideration of our opinion affirming the trial court’s entry of summary judgment in favor of defendant on the ground that defendant had not been timely served. We allow the motion, modify our opinion and adhere to it as modified.

At issue in this case is whether plaintiff properly could avail herself of Motor Vehicles Division (MVD) service under ORCP 7 D(4)(a)(i), which provides that such alternative service is permissible as to defendants “who cannot be served with summons by any method specified in subsection D(3) of this rule.” ORCP 7 D(3)(a)(i), in turn,…