Personal Injury Law (Accidents/Slip & Fall)/admissions/priviledge



I have to respond to a motion to compel discovery asking the court admit these admissions as true. My former atty told the defense atty I was accused of fraud in a previous case. That is the last admission. The others are re Dr's depo and how my current injury from a slip and fall is pre-existing. I wasn't at my Dr's depo so have no 1st hand knowledge of what he testified to. I'm also not a medical expert so I feel limited making statements in that area also. My question is, do I have to answer these at all? Could I object to the entire set based on the violation of priviledge or because they are just harassing me and that last admission is not based on fact or any other thing relevent to this case?

I forgot, the most important violation of my rights: these admissions and the interrogatories were attached to the defense's motion so they are now filed, public record. Plus they are actually online since our county files all online. I want sanctions. Do I have to file a separate motion and how much can I ask for?

thank you

Don't know law of any state except California so my advise must be very general in nature.

Usually when there is a pre-existing injury and then another fall that aggravates it, its difficult to separate the injuries. So I think you're likely right on that except I'd like to see the exact wording of the defense question.
Typicaly, I might answer, Plaintiff cannot admit or deny since the nature and extent of injury depends on expert testimony.

Don't know what you mean about Dr's Deposition...

As to fraud, if you were indeed convicted of fraud, that is likely relevant. If it was simply an allegation then it may well be irrelevant and protected by your right to privacy. Courts are all over the board on that one.

Good Luck.

Ed Smith
Sacramento, CA

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Edward A. Smith


California Personal Injury lawyer with 18 years of experience handling automobile accidents, dogbites, slip and fall cases as well as medical malpractice cases will answer your questions regarding these areas. Valuestar Certified. Author of "Top 20 PI sites on the Internet" for Law Office Computing Magazine.

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