BBI Logistics, L.L.C. v. GRS Transport, Inc.

Citations

• 2026 Ohio 1146

Syllabus

Plaintiff's failure to timely respond to the requests for admission resulted in the requests becoming admissions. The trial court did not err either in refusing to grant plaintiff leave to withdraw its default admissions or in considering those admissions as evidence. Plaintiff demonstrated a lack of diligence by making no attempt to conduct the depositions it needed to respond to summary judgment within the discovery period. Additionally, plaintiff opposed extending the case schedule deadlines, and it only reversed its position and sought court intervention after the discovery cut-off deadline passed. Accordingly, the trial court did not abuse its discretion in refusing to grant plaintiff a Civ.R. 56(F) continuance. Because plaintiff did not establish that the trial court relied on inadmissible evidence in granting defendant summary judgment, the trial court did not err in implicitly denying plaintiff's motion to strike that evidence. Finally, the trial court did not err in granting defendant summary judgment on plaintiff's claims for breach of contract and bad faith as defendant demonstrated that the lost and/or damaged property at issue was not covered property under the insurance policy.