Hoddenpyl v. Fiskum

In this personal injury case, following a default order and entry of a judgment in favor of plaintiff, defendant moved to set aside the judgment under ORCP 71 B(l) on the grounds of excusable neglect. Prior to the default, defendant’s attorney attempted to respond to the complaint by sending plaintiff’s attorney a letter stating an intent to file an appearance under ORCP 69 B, but the letter was sent to the wrong address. The trial court determined that marking the letter with the wrong destination was not excusable neglect and denied defendant’s motion to set aside the judgment. As explained…