To: Eliza Smith, Supervising Attorney
Re: Brown v. Furlow, 04-CV-5887
Our File No. 5-987
Statement of Facts:
Our client, Dr. Thomas Furlow examined John Brown on August 3 and realized that his tooth was infected. Dr. Furlow recommended Mr. Brown return because of the infected tooth. However, Mr. Brown went on vacation and disregarded Dr. Furlow’s recommendation to return.
Mr. Brown passed out from an apparent severely infected tooth while vacationing. He subsequently, filed a complaint against Dr. Furlow for not extracting his infected tooth on his examination day.
Dr. Furlow received the complaint on March 1. He took the complaint home, locked it away in his vault and later …show more content…
1. It was impossible for Dr. Furlow to extracted John Brown’s tooth on the day of examination.
2. Dr. Furlow’s office did not make an appointment for John Brown to return and have his tooth extracted; he only recommended that he return.
3. tried reaching John Brown; however, he was unreachable, as he had left for vacation.
4. Dr. Furlow should have contacted us immediately upon receipt of the complaint.
5. Yes Dr. Furlow should have attended us office upon realizing that he missed his appointment instead of calling.
6. Our office should have insisted that he come in right away on March 22 instead of making a further appointment.
7. I believe that we can show both excusable and meritorious defense.
Ky. Civ. R. 6.01 states that the day of service is not to be included and the last day of the period so computed is to be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day. This therefore means that Dr. Furlow’s last day for response was Monday, March 22, and he was late by one (1) day. Dr. Furlow’s motion does have a chance to succeed. However, whether his motion will succeed depends upon whether he can show good cause. When a party is seeking to set aside a default judgment, they must show cause as stated in Ky.Civ.R.55.0. Furthermore, courts do not