Peterson v. Day

Plaintiff filed an action to recover damages for personal injuries. The trial court allowed defendant’s motion for summary judgment on the ground the action was barred by the two-year statute of limitations, ORS 12.110(1).

The accident in which plaintiff alleges he was injured occurred on January 29, 1975. The complaint was filed on July 2, 1976. The defendant’s whereabouts were unknown, and plaintiff secured an order allowing service by publication. The affidavit seeking service by publication was clearly defective, and the purported service was quashed by the trial court on October 18, 1976.…