Memorandum

998 WordsApr 22, 20134 Pages
MEMO To: Eliza Smith, Supervising Attorney From: Paralegal Date: 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…
Ct. App. 1991). In Perry v. Central Bank & Trust, 812 S.W.2d 166 (Ky. Ct. App. 1991) it was reasoned as to whether the parties exercised due diligence concerning the suit and answering the summons. It also stated that carelessness by a party or his attorney is not reason enough to set an entry aside. Ky. Civ. R. 55.02. With that said, It can be argued, that Dr. Furlow fully intended to answer the complaint within the twenty 20 days; but was prevented from doing so, because of the trauma his family suffered at the hand of robbers the day before meeting with us. We can also argue that he had reason of an extraordinary nature justifying relief as contained in ground (f) Ky. Civ. R.60.02. In Perry v. Central Bank & Trust, 812 S.W.2d 166 (Ky. Ct. App. 1991) it was reasoned as to whether the parties exercised due diligence concerning the suit and answering the summons. Dr. Furlow did contact our office within a reasonable time to answer the summons; he was in no way careless. We need to know why our office did not give Dr. Furlow an earlier appointment than March 19; as the court will question this. Carelessness by a party or his attorney is not reason enough to set an entry aside. Ky. Civ. R. 55.02. In relation to answering the summons, we can argued, that Dr. Furlow fully intended to answer the complaint within the twenty 20 days; but was prevented from doing so, because of the trauma his family suffered at the hand of robbers the day before

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