Murphy v. Price

Plaintiff appeals from a summary judgment granted in favor of defendant on the ground that plaintiff failed to adequately serve defendant with a summons and complaint. ORCP 7. We affirm.

The facts are undisputed. On December 8, 1990, defendant’s car collided with a vehicle in which plaintiff was a passenger. Defendant exchanged information, including his mailing address, with the driver of the other vehicle. Defendant and his landlord share the same mailbox and have authorized each other to pick up the other’s mail. Defendant did not tell plaintiff, however, about the shared mailbox and the…