Todd Hutcheson v. Irving Materials

Plaintiff filed suit for breach of contract and negligence alleging that concrete provided by Defendant did not meet specifications. Defendant filed counterclaim for Plaintiff's unpaid bill. Plaintiff failed to timely respond to requests for admissions. Defendant filed motion to have requests deemed admitted, which the trial court granted. Plaintiff took no remedial action until seven months later, after Defendant filed its motion for summary judgment that was primarily based on the now disputed admissions. Plaintiff then filed Tenn. R. Civ. P. 36.02 motion for relief from the admissions. Trial court denied Plaintiff's motion for relief, granted Defendant's summary judgment, awarding damages against Plaintiff, and dismissed Plaintiff's cause of action against Defendant. This is an appeal from the trial court's denial of Plaintiff's motion for relief pursuant to Tenn. R. Civ. P. 36.02, and the trial court's granting of Defendant's motion for summary judgment, rendering judgment in favor of Defendant. We affirm the trial court.