BUCKEYE UNION INSURANCE CO. v. McGRAW

No. 79 CV E 2508.

64 Ohio Misc. 61 (1980)

BUCKEYE UNION INSURANCE CO. ET AL. v. McGRAW.

Cleveland Heights Municipal Court.

Decided May 5, 1980.


Attorney(s) appearing for the Case

Messrs. Kreiner, Uhlinger & Lewis and Mr. Paul F. Markstrom, for plaintiffs.

Mr. James C. Williams, for defendant.


HUNTER, J.

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...

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