Medbury v. Walsh, A-S

• Decision Date: 06 August 1991
• Docket Number: Docket No. 117892,A-S
• Citation: 476 N.W.2d 470,190 Mich.App. 554
• Parties: Seward J. MEDBURY, d/b/a Create-ign, Plaintiff-Appellant, v. Edmund J. WALSH and John W. Mars, Jr., Defendants-Appellees. 190 Mich.App. 554, 476 N.W.2d 470
• Court: Court of Appeal of Michigan — District of US

Page 470

476 N.W.2d 470

Seward J. MEDBURY, d/b/a Create-A-Sign, Plaintiff-Appellant, v. Edmund J. WALSH and John W. Mars, Jr.,

Defendants-Appellees.

Docket No. 117892.

190 Mich.App. 554, 476 N.W.2d 470

Court of Appeals of Michigan.

Submitted June 12, 1991, at Lansing.

Decided Aug. 6, 1991, at 9:00 a.m.

Released for Publication Nov. 18, 1991.

[190 MICHAPP 554] Edward R. Reagan, Walled Lake, for plaintiff-appellant.

Law Offices of Sullivan & Leavitt, P.C. by Martin J. Leavitt and Andrew J. Haliw, III, Northville, for defendants-appellees.

Before McDONALD, P.J., and MacKENZIE and FITZGERALD, JJ.

PER CURIAM.

Plaintiff appeals as of right from [190 MICHAPP 555] an order granting summary disposition in favor of defendants pursuant to MCR 2.116(C)(10). We affirm.

This case involves the imposition of sanctions under MCR 2.312, governing requests for admissions. Plaintiff filed a complaint against defendants on July 8, 1988, alleging breach of contract, injury to business, false pretenses, and fraud. On October 27, 1988, defendants served plaintiff with a document entitled "Requests for Admissions, Interrogatories and Request for Production of Documents." Plaintiff did not answer the requests or the interrogatories. Nor did plaintiff object to the requests or seek an extension.

Approximately three months later, on February 7, 1989, defendants filed their motion for summary disposition. Following a hearing, the trial court concluded that under MCR 2.312(B)(1) plaintiff's failure to respond to the request for admissions should be deemed an admission. On the basis of these deemed admissions, the trial court granted defendants' motion for summary disposition.

On appeal, plaintiff contends that the trial court erred in deeming the requested matters admitted. According to plaintiff, because the requests for admissions were contained in the same document as the interrogatories to plaintiff, the proper sanction for plaintiff's failure to answer the requests was the court rules' sanction for failure to answer interrogatories.

MCR 2.312 provides in pertinent part:

(B) Answer; Objection.

(1) Each matter as to which a request is made is deemed admitted unless, within 28 days after service of the request ... the party to whom the request is directed serves on the party requesting the admission a written answer or objection addressed to the matter....

* * * * * *

[190 MICHAPP 556] (D) Effect of Admission.

(1) A matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of an admission. For good cause the court may allow a party to amend or withdraw an admission....

Thus, where a party served with a request for admissions neither answers nor objects to the request, the matters in the request are deemed admitted. Further, the admissions resulting from a failure to answer a request for admissions may form the basis for summary disposition. Janczyk v. Davis, 125 Mich.App. 683, 690, 337 N.W.2d 272 (1983).

Here, it is undisputed that plaintiff did not respond to defendant's request for admissions within the twenty-eight-day period specified by the court rule, did not seek an extension of time to answer the request, and did not object to the form or content of the request before the hearing regarding defendants' motion for summary disposition. MCR 2.312(B)(1) clearly provides that this failure results in deeming admitted each matter with respect to which the request was made. We reject plaintiff's argument that he should instead have been sanctioned under the provisions for failure to answer interrogatories.

Plaintiff further contends that the trial court erred in refusing to allow him to amend his admissions under MCR 2.312(D)(1). As indicated above, MCR 2.312(D)(1) provides that the trial court may, for good cause, allow a party to amend an admission....