Carlson v. Martin

Plaintiff appeals the trial court’s dismissal of her personal injury action based on inadequate service of process. The issue turns specifically on whether plaintiff was entitled to use substituted service on the Department of Transportation, Motor Vehicles Division (MVD), pursuant to ORCP 7 D(4)(a)(i). We conclude that plaintiffs service was adequate and reverse and remand for further proceedings.

The pertinent facts are not disputed. Plaintiff sustained personal injuries in an automobile accident that occurred in or near the small rural coastal community of Sixes, Oregon. Plaintiff brought…