Pacheco v. Blatchford

Defendant 1 appeals the denial of his motion to set aside a default judgment, arguing that his failure to appear in the action was due to excusable neglect. ORCP 71B. We affirm.

In June, 1986, plaintiffs attorney wrote to defendant, asserting a claim for damages arising out of an allegedly negligent root canal surgery performed by defendant. Defendant forwarded the letter to his insurance agent, who sent the letter to the insurance carrier. The carrier then contacted plaintiffs attorney. Following further communication, plaintiffs attorney sent a letter to the carrier in August, stating that,…