Bruner v. Cascade Western Corp.

Gary Bruner (plaintiff) appeals the dismissal of his personal injury complaint under ORCP 54B(1). He argues that the dismissal resulted from miscommunication between his Oregon and Washington attorneys, mistake and excusable neglect. We find no abuse of discretion and affirm.

Plaintiff was allegedly injured in the swimming pool at the Holiday Inn in Medford on December 23, 1981. That motel is owned by defendant Cascade Western Corporation. Plaintiff, a Washington resident, retained a Washington attorney, Pearson, who filed a complaint in the circuit court on December 19, 1983, naming “Holiday…