Marcello v. De Freitas

This is a negligence action in which the plaintiff (Marcello) sues for the loss he sustained when in October 1970, his motor vehicle was damaged as a result of being involved in an intersectional collision with a motor vehicle owned by the defendant (De Freitas). On May 18, 1978, a justice of the District Court, after a trial, entered judgment for Marcello, awarding him $255.69 plus interest *390and costs. On the following day, May 19, De Freitas, pursuant to Rule 60(b)(2) of the District Court Rules of Civil Procedure (Dist. R. Civ. P.), moved to vacate the judgment on the ground of newly…