Civil Procedure Keyed to Marcus
David v. Crompton & Knowles Corp.
Plaintiff was involved in an accident with a shredding machine and brought the following products liability action. Defendant seeks to amend its answer, which alleges that Defendant designed, manufactured and sold the shredding machine to Plaintiff’s employer. Defendant argued that it was without sufficient knowledge to admit or deny the allegation, and it now wants to deny that it designed, manufactured and sold the machine. Defendant further argues that the machine was designed, manufactured and sold by James Hunter Corporation prior to its purchase of the company and that it did not assume the liabilities for the negligent design, manufacture or sale of machines by James Hunter Corporation prior to its purchase of the company. On the issue of whether a denial based on a defendant’s lack of information is deemed an admission if the denying party has knowledge, the court held that Defendant’s denial of the Plaintiff’s allegation, that it designed, manufactured and sold the machine that injured Plaintiff was ineffective and was held to be an admission.
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