Luyet v. Ehrnfelt

Plaintiff appeals from a judgment after a trial to the court on defendant’s affirmative defense that he was not served within the statute of limitations. The court held that the service of summons on defendant was inadequate under ORCP 7D. We reverse.

It is undisputed that, on December 17, 1990, five days before the applicable statute of limitations was to run, plaintiff filed a complaint alleging that defendant negligently caused an automobile accident. On January 23,1991, she left a copy of the summons and complaint with a nonresident friend of defendant who was working at defendant’s home.…