Baker v. Foy

Plaintiff appeals a judgment dismissing his action against Patrick Foy (defendant).1 We reverse.

Plaintiff alleged that he suffered personal injuries on March 5,1986, as a result of defendant’s operation of a motor vehicle.2 On March 3, 1988, he served a summons and complaint (summons) on defendant’s mother and at the same time attempted service on defendant by leaving with her a copy of the summons for defendant. On April 5, plaintiff sent a copy of the summons by certified mail to defendant at the same address. In fact, defendant did not live at his mother’s residence and had not lived there…