Pantos v. Zarozny

This is the plaintiffs appeal of the trial court’s Mass. R. Civ. P, Rule 4©, dismissal of his action for failure to effect service of process within ninety days of complaint filing.

The plaintiff filed his complaint on March 24, 2010 to recover for injuries he allegedly sustained in a fall on June 2, 2007 at 83 Brookline Street, Worcester, Massachusetts. The complaint clearly identifies each defendant as a resident of Westborough, Massachusetts. Despite that fact, a constable left a summons and complaint for each defendant on May 4,2010 at their “last known and usual place of abode” at 83…