Burden v. Copco Refrigeration, Inc.

Plaintiff petitions for reconsideration of our decision in this case, Burden v. Copco Refrigeration, Inc., 192 Or App 378, 86 P3d 59 (2004). We grant the motion for reconsideration and adhere to our previous opinion as clarified by this opinion.

Only one of the arguments that plaintiff makes on reconsideration warrants discussion. Plaintiff argues that, in determining whether plaintiffs service was adequate, we ignored the evidentiary weight of the presumption of adequate service that arises from compliance with ORCP 7. We recite some of the facts to help frame plaintiffs argument.

Plaintiff…