Fact Pattern 3-B2 Kelly Files a Suit Against Lewis in a State Court.The

question 15

Essay

Fact Pattern 3-B2
Kelly files a suit against Lewis in a state court.The case proceeds to trial,after which the court renders a verdict.The case is appealed to an appellate court.
-Dian is injured in an accident while driving an off-road vehicle made by Eagle Recreation,Inc. ,an out-of-state corporation.Dian files a suit against Eagle,alleging negligence,and mails a summons and a copy of the complaint to the firm by certified mail,return receipt requested.The envelope is addressed in part to "Fred,President,Eagle Recreation,Inc." The receipt is returned with the signature of "Glenda" whom a U.S.Postal employee later testifies usually receives mail on the company's behalf.Eagle does not respond to the suit.In a default judgment,Dian is awarded damages of $500,000.Later,Fred claims that he was not noti?fied of the suit and asks the court to set aside the judgment.What is the issue in this set of facts? What rule applies? What should be the result on the application of the rule? Why?

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