PETERSON v. DAY

No. A76 07 09245; SC 25578.

584 P.2d 253 (1978)

283 Or. 353

George PETERSON, Appellant, v. Norma P. DAY, Respondent.

Supreme Court of Oregon.

Decided September 12, 1978.


Attorney(s) appearing for the Case

John Toran, Jr., of Toran & Radich, Portland, argued the cause and filed a brief for appellant.

Eugene H. Buckle, Portland, argued the cause for respondent. On the brief were Austin W. Crowe, Jr., and Cosgrave & Kester, Portland.

Before HOLMAN, P.J., and TONGUE, HOWELL, BRYSON, LENT and LINDE, JJ.


HOWELL, Justice.

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...

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