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Carlson v. Martin5/12/1999
s a vehicle used by a business entity. Those sources are less likely to be able to provide information relevant to office service, however, if the accident involved personal use vehicles. In reiterating the kinds of sources to be considered generally, Mitchem should not be understood to have imposed a particular set of criteria by which every MVD service issue is tested. The test is only whether, given the circumstances, a plaintiff reasonably has determined that office service cannot be accomplished. To meet that test, a reasonable effort to obtain information from logical sources must be made. Neither the text nor the legislative history of the rule provides any basis to require persons involved in automobile accidents to go to extraordinary measures to acquire--or to exhaust all possibility of acquiring--the information needed to determine whether office service is a possibility, nor must they seek out information from sources that are unlikely to provide relevant information. See generally Harp, 54 Or App at 848 and n 4 (former version of ORCP 7 D(4) does not require a showing that plaintiff has attempted to find a defendant motorist's address in any manner that the rule does not specify).
As we have already described, plaintiff made the showing necessary to demonstrate that office service could not be accomplished. Accordingly, she was entitled to use substituted service on the MVD.
Summary judgment for defendant reversed; case remanded for entry of partial summary judgment for plaintiff and for further proceedings.
Updated: 05/12/99 Web authoring by Print Services
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