KATRINA WHITT,
Plaintiff-Appellant,
v
.
Guilford County
No. 05 CVS 6435
TARGET STORES, INC.,
Defendant-Appellee.
Joel G. Bowden, for plaintiff-appellant.
Teague Campbell Dennis & Gorham, LLP, by Edward S. Schenk,
III, for defendant-appellee.
ELMORE, Judge.
On 12 May 2005, Katrina Whitt (plaintiff) filed a complaint
against Target Stores, Inc. (defendant), alleging negligence in a
slip and fall case. Defendant filed its answer on 25 July 2005,
denying all liability. On 7 November 2005, defendant filed its
first request for admissions. Defendant received no response, and
on 13 January 2006 filed a motion for summary judgment. On 3 April
2006, plaintiff filed a response to defendant's motion, accompanied
by a supporting affidavit. The trial court granted the motion for
summary judgment in an order entered 20 April 2006. It is from
this order that plaintiff now appeals. Plaintiff makes two arguments on appeal: (1) that because
plaintiff claimed that she never received defendant's first request
for admissions, the trial court should have set aside the
admissions she made by failing to respond to the request, and (2)
that the trial court erred in granting summary judgment because
there was a genuine issue of material fact. Though plaintiff
conflates the two arguments in her brief, they are separate issues
and we will deal with them accordingly.
Plaintiff first contends that the trial court erred in not
considering evidence that she presented to show that she did not
receive the first request for admissions. This argument is without
merit.
A matter for which admission is requested is admitted unless,
within 30 days after service of the request . . . the party to whom
the request is directed serves upon the party requesting the
admission a written answer or objection . . . . N.C. Gen. Stat.
§ 1A-1, Rule 36(a) (2005). Any matter admitted under this rule is
conclusively established unless the court on motion permits
withdrawal or amendment of the admission. N.C. Gen. Stat. § 1A-1,
Rule 36(b) (2005). Rule 36 means exactly what it says. In order
to avoid having the requests deemed admitted, a party must respond
within the specified time period. Excel Staffing Serv., Inc. v.
HP Reidsville, Inc., 172 N.C. App. 281, 285, 616 S.E.2d 349, 352
(2005) (citation omitted). The standard of review of a trial
court's ruling on a motion to amend or withdraw a party's admissionis abuse of discretion. Id. at 285, 616 S.E.2d at 353 (citation
omitted).
In this case, defendant filed its first request for admissions
on 7 November 2005. At that time, defendant also filed its
certificate of service, in which defendant's attorney certified
that he deposited a copy of the request, postage paid, in the
United States mail, addressed to plaintiff's counsel at what is
acknowledged to be the proper address. In doing so, defendant
complied with the service requirements of this State:
[S]ervice upon the attorney or upon a party
may . . . be made by . . . mailing it to the
party at the party's last known address . . .
.
*** Converted from WordPerfect ***