TERLYUK v. KRASNOGOROV

071012482; A139901.

240 P.3d 740 (2010)

237 Or. App. 546

Nina TERLYUK, individually and as guardian for minor Andrey Terlyuk, Plaintiffs-Appellants, v. Viktor KRASNOGOROV, Defendant-Respondent, and Does 1-10, Defendants.

Court of Appeals of Oregon.

Decided September 29, 2010.


Attorney(s) appearing for the Case

Elena E. Tsiprin , Bellevue, argued the cause for appellants. With her on the briefs was Law Offices of Elena E. Tsiprin .

Brian R. Talcott , Portland, argued the cause for respondent. With him on the brief was Dunn Carney Allen Higgins & Tongue LLP.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and SERCOMBE, Judge.


SERCOMBE, J.

The trial court granted defendant's motion to set aside a default judgment on plaintiffs' personal injury claim pursuant to ORCP 71 B(1)(a) ("mistake, inadvertence, surprise, or excusable neglect"), and plaintiffs appeal, contending that defendant failed to establish a basis for relief from the default judgment. Defendant argued to the trial court that relief should be allowed because of his mistake or excusable neglect. Plaintiffs contend that the trial...

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