Fact Scenario
John Brown sued his dentist, Dr. Thomas Furlow, claiming he was injured as a result of Dr. Furlow’s failure to extract an infected tooth on August 3, when he was examined by Dr. Furlow. After his appointment with Dr. Furlow, ignoring Dr. Furlow’s recommendation to return because his tooth was infected, Brown left to go on vacation. While he was camping in the desert, his tooth became more severely infected. The infection spread, causing him severe pain and fever and endangering his life. Brown passed out in the desert and was found by a passerby, who rushed him to the hospital. His life was saved, but he incurred significant medical expense, loss of income, and pain and suffering.
Furlow was served with a complaint on March 1. The summons stated that he had 20 days to file an answer or that judgment could be entered against him. Furlow took the complaint home with him and put it in the safe in his study. Later, he phoned his attorney, who asked him when he had been served and made an appointment for March 19.
On Thursday, March 18, Furlow’s house was robbed and the contents of the safe, along with money and jewelry, were taken. Fearing for the safety of his wife and children, Furlow took his family and went to his mother-in-law’s residence, approximately four hours away. The appointment with his attorney that morning was forgotten and he spent the weekend with his family at his mother-in-law’s residence.
Upon his return on Monday, March 22, Dr. Furlow rescheduled his appointment with his attorney for March 23.
Legal Writing Project 1 7
Meanwhile, on March 23, a default judgment was entered against Furlow. Furlow’s attorney phoned the court clerk the afternoon of March 23 and was told that a default judgment had been entered. He immediately filed a motion to set aside the default judgment.
You are the attorney’s paralegal and are instructed to