Man denied PIP benefits after failing to respond to Requests to Admit
In Carr v. Starr Indemnity, the plaintiff claimed entitlement to No Fault Personal Injury Protection benefits (PIP) after being injured in a car accident. He was not particularly cooperative in discovery, however, and the insurance attorneys filed requests that he admit that he was not entitled to any benefits. Carr did not answer the requests within 28 days. Under the pertinent Court Rule his non-response resulted in the Court "deeming" him to have admitted the questions were true.
Carr's attempt to set aside the deemed admissions was denied by the Court and judgment was therefore entered against him. He appealed and the Court upheld the trial judge's decision. It pointed, among other factors, to Carr's relative non-cooperation in discovery.