Hawk v. Bavarian Motor Works

The issue in this case is whether, in all circumstances, the failure to file a written denial of a pleading to which a response is required, under Rule 8 (d), ARCP, admits the allegations of that pleading where the issues tried are embraced in prior pleadings that were responded to in writing.

Under the facts in this case we find defendants' failure to file written denial of plaintiff's added count to his complaint, where the issues presented by such were embraced in other counts which had previously been responded to in writing, did not entitle plaintiff to a directed verdict on the added…