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Civil Procedure Keyed to Babcock
Hanna v. Plumer
Citation:
380 U.S. 460 (1965)
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
There was a car crash that resulted in the death of the negligent driver. Plaintiff Hanna, the surviving driver, brough suit in federal court based on diversity jurisdiction. Plaintiff served Defendant, executor of decedent driver’s estate, following FRCP 4. But, since Defendant Plumer was away, Plaintiff gave the paperwork to Defendant Plumer’s wife. Under Massachusetts law however, this substituted service of process that was okay under FRCP 4 was not allowed. The Massachusetts law required the executor to be served personally in order to be liable. As a result of this defect, Defendant Plumer moved for summary judgement based on an affirmative defense allowed under Massachusetts law that allowed dismissal for deficient service. The district judge dismissed the case, First Circuit Court of Appeals affirmed, and the Supreme Court of the United States granted certiorari.
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