Murty v. Arroyo
In this personal injury action, plaintiff Sweeli Han Murty contends the trial court improperly denied her motion for cost of proof sanctions against defendant Javier Sanchez Arroyo, Jr., after he stated in responses to requests for admissions (RFA's) that he lacked personal knowledge and thus could not admit or deny whether she complained of pain after the accident, was bruised or otherwise injured in the accident or reasonably incurred expenses to treat the injuries. Murty concedes Arroyo lacked personal knowledge, but she asserts he should have admitted the RFA's based on her discovery responses and the report of the defense medical expert, which was rendered after he responded to the RFA's. Court find no abuse of discretion and affirm the order.
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