Background of The Case
On February 6, 1963, petitioner, a citizen of Ohio, filed her complaint in the District Court for the District of Massachusetts, claiming damages in excess of $10,000 for personal injuries resulting from an automobile accident in South Carolina, allegedly caused by the negligence of one Louise Plumer Osgood, a Massachusetts citizen deceased at the time of the filing of the complaint. Respondent, Mrs. Osgood's executor and also a Massachusetts citizen, was named as defendant. The Massachusetts rule at the time required personal service of process on the executor of an in-state defendant, while Fed. R. Civ. P. 4 (e)(2)(b) required only that service be made on a competent adult at the residence of the defendant. The plaintiff left process at the residence of the executor, and so complied with the federal rule but not the state rule. The District Court granted summary judgment to the executor for the plaintiff's failure to make adequate service of process, ruling that the state rule applied based on the Supreme Court's prior precedents. The United States Court of Appeals for the First Circuit affirmed.
Read more about this topic: Hanna V. Plumer
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