Baiye v. Gober

Phipps, Judge.

The trial court awarded summary judgment to plaintiff Frank Gober against defendants, James Baiye and Deen Investment & Property Development, Inc. (Baiye and Deen), on the ground that they admitted liability and damages by failing to respond to a request for admissions filed and served on them by Gober. We reverse because of a material issue of fact on the question of whether Baiye and Deen were served with the request for admissions. Moreover, the court’s award of summary judgment to Gober was premature in view of unresolved affirmative defenses raised in the pleadings.

Gober…