Schmid v. Olsen

The issue presented is whether the trial court abused its discretion when it relieved a party from the effect of its failure to respond to a request for admission under sec. 804.11, Stats.1

*230The plaintiff’s attorney had asked the defendants to admit that the defendant Olsen was seventy percent causally negligent. The trial court ruled that this request for admission was not an appropriate demand because it “ran to the complaint” and because the defendants had *231denied liability in their answer. The court of appeals held that the trial court did not abuse its discretion because, upon independent…