Our File No. 5-987
Statement of Facts: 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. John Brown ignored Dr. Furlow’s recommendation to return because his tooth was infected. Mr. Brown then went on vacation and while on vacation he passed out due to infection, pain, and the infection spreading. Mr. Brown incurred medical expense and loss of wages.
Furlow was served with a complaint on March 1. Furlow made an appointment with his attorney for March 19th, due to circumstances beyond his control Furlow had to reschedule his appointment for March 23. Meanwhile, a default judgment was entered against Furlow-he immediately filed a motion to set aside the default judgment.
Question(s) Presented: What factors must be shown to constitute good cause for setting aside a default judgment?
Answer: Ky. Civ. R. 60.02 “… (f) any other reason of an extraordinary nature justifying relief. The motion shall be made within a reasonable time, and on grounds (a), (b), and (c) not more than one year after the judgment, order, or proceeding was entered or