Another Death Bell on Failing to Respond to Requests for Admissions

The Court of Appeals yesterday slammed another case for failure to respond to requests for admissions.  This is why I am paranoid about them and want them gone as quickly as possible with confirmation they were sent.  I previously discussed requests for admissions here.  In Rainer v. Walmart located here, the Court of Appeals affirmed a grant of summary judgment by the trial court on a personal injury matter for failure to respond to the requests for admissions.  The trial court is given a lot of discretion to withdraw the admissions but the appellant's counsel appears to have not offered much of an explanation to the trial court as to his failure to respond.   As such, the grant of summary judgment by the trial court was affirmed. Cases like this should make any practicing attorney nervous and calendar up the dates carefully on discovery on receipt.  Phillip Thomas in Jackson has started an excellent blog on Legal Malpractice located here.  In one of the recent articles he discussed missing deadlines as one of the leading causes of malpractice claims.  Take note or your former client along with your insurance carrier will be having long discussions about you over dinner.