Pelay v. Ploog

Plaintiff, personal representative of the estate of Norma Penchard, secured a default judgment in a personal injury action against the defendant. The judgment was set aside under ORS 18.160 for excusable neglect. At trial, the defendant prevailed on the merits. Plaintiff appeals, contending the trial court abused its discretion in setting aside the default judgment.

In March, 1971, plaintiff’s decedent was involved in a three-car accident involving defendant and a third party.1 In March, 1973, two days before the running of the statute of limitations, the complaint was filed against defendant.…