Metivier v. McDonald's Corp.

In 1979, the plaintiff brought an action against the defendant McDonald’s Corporation, seeking damages for personal injuries. Some fifteen months later, service of process was made upon the defendant, according to the deputy sheriff’s return, “by giving in hand to its agent, Arthur Butler, person in charge of its business,” a copy of the complaint and summons. A judgment by default upon an assessment of damages was entered pursuant to Mass.R.Civ.P. 55(b)(2), 365 Mass. 822 (1974). Almost four years later, the defendant sought relief from the judgment by a motion under Mass.R.Civ.P. 60(b)(4),…