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Case Law Update: Requests to Admit in Negligence

Oezle v. Score Sports Venutre, No. 1-0901476 (3-30-10) affirmed a case where the plaintiff was injured when she caught her foot on a rope exercise ladder hidden underneath curtain behind tennis court while playing at indoor tennis club where she was member. Plaintiff had duty to read release which she signed as part of her membership agreement. Ladder was “equipment”, thus covered by release, and injury was foreseeable, thus grant of summary judgment on negligence count proper. Question of fact precluded summary judgment on willful and wanton count as to Defendant’s efforts to prevent danger. Responses to request to admit which are boilerplate lack of information responses but without further explanation are admissions. This case will impact personal injury cases.