Jordan v. Wiser

This case involves the interpretation and application of ORCP 7. The issue is whether service of a summons occurs by mere physical delivery of summons and complaint to a defendant if the person making the delivery does not have an intent to serve summons and is not authorized to do so by the plaintiff or plaintiffs attorney. We hold that there is no service of summons.

On October 26, 1980, a collision occurred between automobiles operated by plaintiff, Elizabeth Jordan, and defendant Lawrence Wiser. Gwenda Jordan was riding as a passenger in the automobile driven by her mother, Elizabeth…