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Velasco v. Chambless

A manifest injustice would have occurred had the plaintiff been permitted to prevail on his damages action, alleging that the defendant shot him in the head on December 25, 2004, based on untrue admissions arising from the defendant's failure to file a timely answer.

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Alleging that Christopher Chambless shot him in the head on December 25, 2004, Mario Velasco filed this renewal action for damages against Chambless and his wife, Linda Chambless. Velasco dismissed his claim against Linda Chambless shortly before trial, and she is not a party to this appeal. The trial ended in a defense verdict for Chambless. Velasco appeals the judgment entered on the jury’s verdict, asserting that the trial court erred in allowing Chambless to withdraw admissions made by operation of law and in denying Velasco’s motion for summary judgment based on those admissions. Because the trial court did not abuse its discretion in allowing Chambless to withdraw the admissions, and because the denial of summary judgment is moot, we affirm the judgment. 1. Velasco first challenges the trial court’s ruling allowing Chambless to withdraw the admissions made by operation of law. We find no error.

“When requests for admission are made, the matter is deemed admitted unless denied by written answer in a timely manner.”1 Under OCGA § 9-11-36 b, the trial court is vested with broad discretion to permit withdrawal of an admission made by reason of the failure to make a timely response to the request.2 On appellate review, “the trial court’s ruling on this issue may be reversed only upon a showing of abuse of discretion.”3

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