Buckeye Union Insurance v. McGraw

This is an action in tort arising out of an automobile collision. The plaintiffs have served 10 requests for admissions on defendant. Defendant, who admitted request Nos. 3 and 5, responded to the remainder with the words “lack of knowledge,” and nothing more.

In pertinent part, Civ. R. 36(A) provides:

“ * * * An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny. * * *

“The party who…