Jabaily v. Cullen

The defendant was convicted on October 24,1978, ofraping the plaintiff, who on May 13, 1981, brought this action for physical injuries, emotional *944distress, medical expenses, and lost pay. Extensive efforts to make service on the defendant were unsuccessful (the circumstances of those efforts suggesting that the defendant may have been evading service), and in July service was authorized to be made by publication. The defendant was defaulted on September 2, 1981, and on December 16, 1981, after an evidentiary hearing on the assessment of damages, a judgment was entered for the plaintiff in the…