Wheeler v. Springfield Sugar & Products Co.

In 1968, the plaintiff brought an action against Elm Farm Foods Company (Elm Farm), the defendant’s corporate predecessor, seeking damages for personal injuries. A judgment by default upon an assessment of damages was entered on June 5, 1978. See Mass.R.Civ.P. 55(b)(2), 365 Mass. 822 (1974). On April 1,1981, the plaintiff commenced this suit against the defendant to collect on the judgment. The defendant asserted affirmative defenses (estoppel, loches, and abandonment) as well as a counter-claim under Mass.R.Civ.P. 60(b), 365 Mass. 828 (1974). On cross motions for summary judgment under…