Wright v. Osborne

Plaintiffs appeal from the judgment for defendant in this action arising out of a motor vehicle accident. They assign error to the trial court’s granting of defendant’s motion to dismiss on the ground that plaintiffs did not perfect service on defendant personally or on the Motor Vehicles Division (MVD) within the two-year limitation period of ORS 12.110(1). We affirm.

Plaintiffs agree that they did not accomplish service within the limitation period. They alleged, however, that defendant was absent “from the state during the period following the accident.” Plaintiffs contend that the statute…