Rainer v. Wal-Mart Associates, Inc.

119 So. 3d 398, 36 I.E.R. Cas. (BNA) 545, 2013 WL 3885054, 2013 Miss. App. LEXIS 462
CourtCourt of Appeals of Mississippi
DecidedJuly 30, 2013
DocketNo. 2012-CA-00014-COA
StatusPublished
Cited by21 cases

This text of 119 So. 3d 398 (Rainer v. Wal-Mart Associates, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rainer v. Wal-Mart Associates, Inc., 119 So. 3d 398, 36 I.E.R. Cas. (BNA) 545, 2013 WL 3885054, 2013 Miss. App. LEXIS 462 (Mich. Ct. App. 2013).

Opinion

MAXWELL, J.,

for the Court:

¶ 1. On October 21, 2010, Sherry Chandler Rainer, a former personnel manager at the Wal-Mart in Magee, Mississippi, sued Wal-Mart alleging she had been wrongfully arrested and charged with embezzlement. During the discovery phase of trial, Rainer’s counsel failed to timely respond to Wal-Mart’s requests for admissions. The trial court deemed the responses admitted, finding Rainer’s counsel had not offered a justifiable explanation for failing to act. Based on the deemed-admitted responses, the court granted Wal-Mart’s motion for summary judgment.

¶ 2. We find the requests at issue were properly deemed admitted. And because no factual or legal issues were then in dispute, the trial court properly granted summary judgment in Wal-Mart’s favor. We affirm.

Background

¶ 3. On October 23, 2009, Rainer was terminated by Wal-Mart and charged with embezzlement for allegedly violating store policies regarding the use of employee dis[401]*401counts and merchandise refunds. Specifically, Wal-Mart accused Rainer of double-dipping on refunds by obtaining an employee discount as well as a price reduction on two previously purchased Nintendo Wii video-game consoles, which she returned. After the charges against her were dismissed, Rainer sued Wal-Mart in the Simpson Court Circuit Court. She asserted claims of malicious prosecution, libel, slander, intentional infliction of emotional distress, negligence, and gross negligence.

¶ 4. On June 28, 2011, Wal-Mart served Rainer with discovery requests, including requests for admissions. When Wal-Mart did not receive Rainer’s answers within the thirty-day time period allowed under Mississippi Rule of Civil Procedure 36(a), it sent Rainer’s attorney a good-faith letter providing Rainer additional time to respond. Despite Wal-Mart’s show of good faith, Rainer’s counsel neither responded to the propounded discovery nor otherwise responded to Wal-Mart’s letter.

¶ 5. On September 15, 2011, Wal-Mart moved for summary judgment. It argued there were no genuine issues of material fact concerning liability because its requests for admissions were admitted as a matter of law. In reply, Rainer’s counsel filed a motion to withdraw admissions on October 6, 2011. His attempt to withdraw was seventy days after the thirty-day time period allowed for answers under Rule 36(a) had passed and approximately fifty-five days after receipt of Wal-Mart’s good-faith letter.

¶ 6. The court held a hearing in which Rainer’s counsel claimed to have not received Wal-Mart’s propounded discovery. And while counsel admitted receiving Wal-Mart’s good-faith letter on August 12, 2011, he insisted he had simply overlooked the portion of the letter concerning requests for admissions. The court found this reason insufficient to grant Rainer’s request to withdraw admissions. Based upon the deemed-admitted responses, the court found that there were no genuine issues of material fact concerning liability and that Wal-Mart was entitled to a judgment as a matter of law.

Discussion

I. Requests for Admissions

¶ 7. Rule 36 governs requests for admissions. Its purpose is to narrow and define issues for trial by determining which facts are not in dispute. Haley v. Harbin, 933 So.2d 261, 262 (Miss.2005) (citing Joseph L. v. Conn. Dep’t of Children & Families, 225 F.R.D. 400, 402 (D.Conn.2005); DeBlanc v. Stancil, 814 So.2d 796, 801-02 (¶ 26) (Miss.2002)). Rule 36(a) provides in pertinent part that a “matter is admitted unless, within thirty days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter[.]”

¶ 8. Under Rule 36(b), the trial court has the discretion to allow withdrawal of the deemed-admitted requests. The rule states that “the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice him in maintaining his action or defense on the merits.” M.R.C.P. 36(b). So “[wjhile [Rule] 36 provides a harsh penalty for the failure to comply, a trial court is still given great discretion when determining whether it will allow the untimely answers to requests for admissions.” Triangle Constr. Co. v. Foshee Constr. Co., 976 So.2d 978, 981 (¶ 7) (Miss.Ct.App.2008) (citing Earwood v. Reeves, 798 So.2d 508, 515 (¶ 22) (Miss.2001)).

[402]*402¶ 9. Among the discovery propounded to Rainer were the following requests for admissions:

6. Admit that [Wal-Mart] had probable cause to institute judicial proceedings against [Rainer].
7. Admit that [Wal-Mart] made no false statements concerning [Rain-er].
8. Admit that any statements made by [Wal-Mart] about [Rainer] in connection with the matters described in the Complaint were privileged in nature because they were made to police and/or other law enforcement in connection with an ongoing investigation.
9. Admit [Rainer] has no evidence that [Wal-Mart] published false statements (either verbally or in writing) to any third party other than those involved with the investigation of the matters alleged in [Rainer’s] Complaint.
10. Admit that [Wal-Mart] [is] not liable for any injury allegedly sustained by [Rainer].
11. Admit that the actions of [Rainer] were the sole proximate cause of any injury to [Rainer].

Other requests asked Rainer to admit that she had obtained a refund on the two video-game consoles knowing that the refund exceeded the amount allowed by Wal-Mart’s policies.

¶ 10. On appeal, Rainer argues the trial court should have granted her motion to withdraw the deemed-admitted responses. She claims that because her attorney did not receive the propounded discovery, she had no opportunity to respond to Wal-Mart’s discovery requests. We addressed a similar argument in Langley v. Miles, 956 So.2d 970 (Miss.Ct.App.2006).

¶ 11. In Langley, the plaintiffs counsel failed to respond to the defendant’s requests for admissions because he was undergoing treatment for cancer. Id. at 972 (¶ 5). We recognized plaintiffs counsel’s medical treatment reasonably prevented him from responding to the requests. Id. at 975 (¶ 15). But we found that even after plaintiffs counsel returned to work, more than thirty days elapsed before he responded to the outstanding discovery requests. Id. Because plaintiffs counsel offered no valid reason for his continued failure to respond, we found that the plaintiff could not withdraw the deemed-admitted responses and that summary judgment was proper. Id.

¶ 12. Similarly, Rainer’s counsel offered a reasonable explanation for his initial failure to respond — not receiving Wal-Mart’s requests for admissions. But he gave no justifiable explanation for his continued failure to respond after receipt of Wal-Mart’s good-faith letter. Upon receipt of Wal-Mart’s letter, counsel had a duty to follow up with Wal-Mart or the trial court about the outstanding discovery. However, he failed to do so.

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Bluebook (online)
119 So. 3d 398, 36 I.E.R. Cas. (BNA) 545, 2013 WL 3885054, 2013 Miss. App. LEXIS 462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rainer-v-wal-mart-associates-inc-missctapp-2013.