Prescott v. Baker

The defendant, James C. Prescott, M.D., appeals from a $750,000 default judgment in favor of the plaintiffs, Lucia C. Baker1 and her husband Herchel Baker. The issue is whether the circuit court abused its discretion in denying Dr. Prescott's Rule 55(c), Ala.R.Civ.P., motion to set aside the default judgment.

In August 1990, the Bakers brought this medical malpractice action against Dr. Prescott and numerous other named and fictitiously named defendants. In their complaint, the Bakers alleged that Dr. Prescott and the other defendants had breached the standard of care in performing an…