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Posted by: Brittany Sims on Dec 30, 2014

Head Comment: CORRECTION: On page 1, the trial judge has been changed to Philip E. Smith

Court: TN Court of Appeals

Attorneys 1:

Corey D. Blocker, Antioch, Tennessee, Pro Se.

Attorneys 2:

Nicholas Mark Tidwell, Brentwood, Tennessee, for the appellee, Nashville Rescue Mission.

Judge(s): CLEMENT

In this action for conversion of personal property, Plaintiff contends the defendant, the Nashville Rescue Mission, is liable for throwing away his personal possessions that he stored in a locker at the Mission. Relying on the terms and conditions of a written “Locker Use Guidelines and Agreement,” the Mission insists it is not liable because it disposed of the property as authorized by Plaintiff. The Mission submitted interrogatories and requests for admissions to which Plaintiff objected generally. The Mission then obtained an order compelling Plaintiff to respond to the discovery as required by the rules of civil procedure. When Plaintiff responded, but not as required by the rules of civil procedure, the Mission filed a motion to have the requests for admissions deemed admitted; the trial court granted the motion. Thereafter, the Mission filed a motion for summary judgment relying on the admissions and the relevant terms and conditions of the Locker Use Guidelines and Agreement. Based upon the Agreement and other facts that were deemed admitted, the court concluded that summary judgment was appropriate as Plaintiff could not establish an essential element of his claim for conversion. Finding no error, we affirm.