Saint Louis v. Balloons Over Boston

The defendant seeks review of the motion judge’s denial of its motion for relief from judgment. We find error and vacate the judgment.

The plaintiff alleges she was crossing Brookline Avenue in Boston, Massachusetts on March 9,1995 when she was struck by a van driven by an employee of the defendant causing her to sustain personal injuries and other damages. On or about February 9,1996, the plaintiff filed a complaint in the Boston Municipal Court. On May 6,1996, the plaintiff served the complaint, statement of damages, interrogatories and request for production of documents on the Registrar of…