Gaeth accused Deacon of assaulting him. Gaeth's attorney sent Deacon a letter asking him if he had insurance coverage and if he had a lawyer. Deacon replied that he did not.
Gaeth later filed suit in Maine court, claiming that Deacon hit him in the face at a party at a college, causing injuries. Gaeth was not able to find Deacon. A process server could not locate him. Gaeth then published a notice in a local newspaper in Maine for three weeks notifying Deacon of the complaint. Letters mailed to old addresses were returned by the Post Office. The court then entered a default judgment against Deacon for failure to file a responsive pleading to the complaint. Gaeth was awarded $75,000 in compensatory damages, $25,000 in punitive damages, plus interests and costs. After the judgment, a new address for Deacon was found, and he was notified of the judgment.
He responded, but the trial court affirmed the original judgment. Deacon appealed. Was the publication in the newspaper adequate notice of the suit? [Gaeth v. Deacon, 964 A.2d 621, Sup. Ct., Me. (2009)]