Cases of Note
Truck Parts & Servs. v. Truckpro, Inc., CIVIL ACTION NO. 3:07-CV-78-SAA, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI, WESTERN DIVISION, 2009 U.S. Dist. LEXIS 17518
The Court determined that plaintiff Truck Parts admitted that it received credits totaling $ 42, 009.87 and parts totaling $ 36,709.25 from TruckPro in satisfaction of plaintiff's warranty claims and that plaintiff failed to pay for goods and services in excess of $ 10,236.69. These admissions, despite their being deemed admitted by operation of Rule 36, establish that the plaintiff's claims for outstanding warranty work have been satisfied, and plaintiff owes defendant $ 10,236.69. As such, there remains no genuine issue of material fact to be resolved by a trial, and the defendant is entitled to a money judgment in the amount of $ 10,236.69 as a matter of law.