Service Of Process Gave Defendant 'Reasonable Probability' Of Notice
A plaintiff may arrange for service of process on the defendant's last-known address, if the defendant failed to change her address at the motor vehicles department or the local post office. In December 2010, the defendant, Jamie Lamarco, allegedly collided with a utility pole owned by Connecticut Light & Power Co. Connecticut Light & Power arranged for a state marshal to make service on the commissioner of the Department of Motor Vehicles and the defendant via certified mail to the defendant's last address in Wellfleet, Massachusetts. The defendant moved to dismiss and argued that the Wellfleet, Massachusetts address did not qualify as her last-known address. The court found that Connecticut Light & Power's attorney made reasonable efforts to ascertain the defendant's location. The defendant failed to change her address via the Massachusetts Motor Vehicles Department or the Wellfleet post office. "[T]he defendant's Wellfleet address," wrote the court, "was legally sufficient to be recognized as her legal address that presumptively gave the defendant the reasonable probability of receiving proper notice of this action." The court denied the defendant's motion to dismiss.