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 saw that his tooth was infected. He recommended Mr. Brown return because of the infected tooth. However, Mr. Brown went on vacation and disregarded Dr. Furlow’s recommendation.
Mr. Brown passed out from a 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 ...view middle of the document...
Were we negligent in giving the first appointment so close to the deadline for filing/responding?
7. Do we have a good defense to set aside judgment?
1. On the day of examination, Dr. Furlow could not extract John Brown’s infected tooth.
2. Dr. Furlow can only make recommendations to his patients but he cannot insist/force anything on them.
3. Dr. Furlow did advise John Brown of all risk involved with keeping an infected tooth for a long period.
4. Dr. Furlow should have attended our office upon realizing that he missed his appointment instead of calling.
5. Our office should have insisted that he come in right away on March 22 instead of making another appointment for March 23.
6. We should have considered unforeseen circumstances and not give Dr. Furlow an appointment so close to his final date of response.
7. We do have a good defense and 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.
In Perry v. Central Bank & Trust, 812 S.W.2d 166 (Ky. Ct. App. 1991) it was...