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Vis v. Harris

The trial court erred in sua sponte withdrawing a defendant's admissions from the jury's consideration.

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Faythe Vis tripped and fell while a guest at a Sheraton Hotel in Atlanta. She sued hotel employee Niles Harris, hotel owner Starwood Hotels & Resorts Worldwide, Inc., and hotel management company Amerimar Courtland Management Co., Inc. Although Vis served Amerimar with discovery requests along with the complaint and Amerimar answered, it never responded to the requests for admissions. A jury trial resulted in a defense verdict, and Vis appeals, contending that the trial court erred in sua sponte declaring that Vis improperly read Amerimar’s admissions to the jury at the beginning of the trial and in withdrawing them from the jury’s consideration. We agree that the trial court erred, and reverse.

Vis initially identified the hotel’s management or maintenance company as John Doe 1-2 in her complaint for damages, and then successfully moved to substitute Amerimar as a defendant. Amerimar’s agent was served with process and discovery requests on December 2, 2010. Vis moved for the entry of a default judgment against Amerimar in August 2010, and Amerimar moved to open the default. On October 27, 2011, the trial court denied Vis’s motion for a default judgment and granted Amerimar’s motion to open the default. While Amerimar answered the complaint, it admits that it never responded to the requests for admissions.

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