Lack of Notification of Service of Process by Individual Served at Residence of Defendant Is Not Excusable Neglect

This case arises from a motor vehicle accident in which the defendant Hill was operating his motor vehicle with the plaintiff as a passenger when their vehicle collided with a tractor trailer. The plaintiff commenced suit and filed praecipes and summons to serve all the defendants, including Hill. The Sheriff left process for Hill with Helen Passmore at a residence in which Hill resided in the basement. The plaintiff filed a motion for default judgment against Hill, which was later granted upon no response from Hill. 

Hill filed a motion to vacate default judgment, claiming he was not notified of service of the complaint and did not receive the alleged copies of the plaintiff’s motion for default judgment sent through the mail. He argued that there was excusable neglect. The court disagreed, determining that, although Ms. Passmore may not have notified Hill of the complaint when it was served, the complaint was properly served nonetheless pursuant to Delaware Superior Court Rule 4. Therefore, Hill was unable to establish excusable neglect and his motion was denied. 

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