Wednesday, March 15, 2017

Failing to Respond to Admissions

The Mississippi Court of Appeals decided Brooks v. Landmark yesterday located here.  I had previously watched the oral arguments on this case and the appeals council who was not the trial attorney did an excellent job of trying to repair this case.  Brooks filed suit against the nursing home wherein her husband resided just before he died.  She claimed that  he died as a result of negligent care and understaffing at the facility.   The nursing home sent discovery which was not responded to including the admissions.  The nursing home then filed for summary judgment based on the admissions.    Based on the deemed admissions, the court granted summary judgment.  The Court of Appeals affirmed noting that  “Even after Landmark filed a motion for summary judgment based on her deemed admissions, Brooks waited another four months to file a motion to withdraw the admissions pursuant to Rule 36(b), and Brooks never actually responded to the requests.”  Cases like this are why my office has a general policy of getting admissions done the day they come in. 

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