Enterprise Rent-A-Car v. Bigelow

The issue presented by this appeal, under Dist./Mun. Cts. R. A. D. A, Rule 8C, is whether the District Court erroneously denied the defendant’s motion to vacate a default judgment. The parties have submitted a joint statement of the evidence. For the reasons stated below, the denial of the defendants motion to vacate the default judgment is reversed.

On May 6, 2002, Eric S. Bigelow (“Bigelow”) rented a car from Enterprise Rent-A-Car Company (“Enterprise”). Bigelow gave his address in the rental agreement as 180 Davis Street, New Bedford. The rental agreement provided that Bigelow would be…