4 ms·
From the judgement (http://www.in.gov/judiciary/opinions/pdf/05231602nhv.pdf http://www.in.gov/judiciary/opinions/pdf/05231602nhv.pdf): "More fundamentally, th
by scott_s 10y ago
From the judgement (http://www.in.gov/judiciary/opinions/pdf/05231602nhv.pdf http://www.in.gov/judiciary/opinions/pdf/05231602nhv.pdf):
"More fundamentally, the plaintiff in General Motors Corp. did not ask the
defendant to admit liability 400, 4000, or 8000 times greater than the amount
originally in dispute, as Zavodnik did here. Zavodnik’s misuse of Rule 36 is
plain. He did not send requests claiming $30,000 and $300,000 and $600,000 in
damages because he believes those figures are legally justified and thought Costello might agree; he sent them because he hoped Costello would not
respond, rendering the matters admitted by operation of Rule 36. An important
purpose of the rule is to more quickly and efficiently reach a resolution based on
the actual facts; Zavodnik used the rule as a way to avoid such a resolution. The
trial court’s partial denial of Costello’s motion to withdraw served to ratify
Zavodnik’s blatant abuse of the rule."
Zavodnik was using these admission of discovery as a weapon. Note that these are not suits themselves; Zavodnik is clearly trying to abuse corners of the legal system for his own benefit. It's unrealistic to assume a lay-person will know the full legal ramifications of such things, particularly after already winning a case related to the matter. The most recent judge recognizes this, disagrees with you, and has overturned these admissions.