PELAY v. PLOOG


573 P.2d 1229 (1978)

281 Or. 59

Anthony PELAY, Jr., Personal Representative of the Estate of Norma P. Penchard, Appellant, v. John PLOOG, Respondent, and Conan Bagley, Defendant.

Supreme Court of Oregon, Department 1.

Decided January 24, 1978.


Attorney(s) appearing for the Case

Kenneth D. Bourne, Portland, argued the cause and filed a brief for appellant.

James H. Gidley of Cosgrave & Kester, Portland, argued the cause and filed a brief for respondent.

Before HOLMAN, Presiding C.J., HOWELL and LENT, JJ., and GILLETT, J. Pro Tem.


HOWELL, Judge.

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...

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