Ocasio v. Muniz

This is the defendant’s expedited appeal from the entry of a default judgment and an assessment of damages. For the reasons stated below, we affirm the judgment and dismiss the appeal.1

On June 5, 2007, plaintiff Jose Ocasio (“Ocasio”) filed a civil motor vehicle tort action against defendant Herberto Muniz (“Muniz”) in Worcester District Court. The Registrar of Motor Vehicles’ return of service was recorded on the civil docket sheet on August 14,2007.2 At the time of the Registrar’s service, Muniz was incarcerated in the Worcester County house of correction and was unaware that this action…