Istache v. Pierre

The defendant appeals a final judgment in an automobile accident case. He argues that the trial court abused its discretion when it failed to set aside responses to requests for admissions that had been filed in error and directed a verdict against him on the issue of causation. We agree and reverse for a new trial on causation and damages.

The facts of the underlying accident are rather straightforward. The plaintiff was a passenger in a car driven by the defendant. The defendant caused the car to swerve to avoid hitting another vehicle and crashed into a fire hydrant. The plaintiff sued to…