Summary Judgment, Experts, and Admissions

I have previously talked about requests for admissions, expert issues and summary judgment here, here,  and here.  If you want to see how all three interplay, take a look at a case I was reading this morning called Byrd v. Bowie,  933 So.2d 899 (Miss. 2006) located here.   The case sounds like a law school exam question for the most part.  Here is the short version.  Attorneys file medical malpractice case,  Attorneys fail to file expert designation timely.  Summary judgment granted to defendant.  Attorneys get sued by client for legal malpractice.   Attorneys fail to respond to requests for admissions in legal malpractice case and summary judgment is granted on liability to the Plaintiff based on the admissions.  Attorneys legal malpractice provider files for bankruptcy protection.  Interlocutory appeal is filed.  The Mississippi Supreme Court affirmed the trial court decision on all issues.  This is a case that shows where summary judgment goes both ways for the Plaintiff and the Defendant.  I have been using partial summary judgment motions on liability or stipulation of liability for a while with great success.  When the only issue remaining is how big the check is, lots of cases resolve quickly.