Villaver v. SylvaAnnotate this Case
The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) on appeal and the circuit court's order granting summary judgment against Plaintiff on the basis of his failure to timely respond to Defendant's request for admissions, holding that the trial court abused its discretion by denying withdrawal of Plaintiff's admissions and, absent the admissions, there were genuine issues of material fact precluding summary judgment against Plaintiff.
Plaintiff's claims were dismissed based on his alleged failure timely to respond to a request for admissions, even where he had requested that the trial court provide him with an interpreter to help answer the requests. Plaintiff was denied the opportunity to exercise his right to a jury trial on the basis of his alleged failure to respond to a request for admissions that asked him to concede he had no claim. The ICA affirmed. Plaintiff appealed, arguing that his request for an interpreter should have been construed as a request to withdraw the admissions and file a late response. The Supreme Court agreed and reversed, holding that Plaintiff's request to obtain an interpreter should have been considered a motion to withdraw his admissions and continue the hearing on the motion for summary judgment.