Iamsuri v. Macomber

Plaintiff appeals from the allowance of a motion to dismiss by reason of failure to serve the defendant with process within 90 days. Mass. R. Civ. P., Rule 4®.

We determine there was no error.

This is an action in negligence to recover for personal injuries sustained and other damages resulting from a motor vehicle accident which occurred on April 14,1995. The plaintiff was the operator of a vehicle which was involved in a collision with a vehicle owned by the defendant. A brief chronology follows.

On May 9,1995, counsel for plaintiff sent ■written notice of representation to the defendant’s…