| Vermont Negligence Law |
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Richard Towns v. Northern Security Insurance Company
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¶ 1. This is the latest appeal in a long-running dispute over the remediation of environmental contamination of a property formerly owned by plaintiff/appellant Richard Towns in the Town of Johnson. The parties have cross-appealed from a series of trial court rulings relating to the availability of insurance coverage for the costs of investigation and abatement of the contamination u... More... $0 (08-03-2008 - VT)
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Rodney Chayer v. Ethan Allen, Inc., et al.
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1. Plaintiff Rodney Chayer appeals from the trial court's grant of defendants' motion to dismiss his claim for civil damages arising out of a workplace accident for which he had previously received workers' compensation benefits. We affirm.
2. In 1996, plaintiff was employed at the Ethan Allen furniture manufacturing plant in Orleans, Vermont. As part of his employment, he op... More... $0 (04-11-2008 - VT)
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Kerri L. Colby v. Umbrella, Inc., et al.
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1. In this suit for wrongful termination, plaintiff Kerri Colby appeals the superior court order denying her motion to amend the complaint and dismissing her claims against defendant State of Vermont. We reverse and remand.
2. Defendant Umbrella, Inc. is a Vermont corporation that provides support services to domestic violence victims and operates a state-sponsored chil... More... $0 (03-07-2008 - VT)
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Shayne E. Thompson v. Hi Tech Motor Sports, Inc.
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After injuring herself during a test drive on one of defendant's motorcycles, plaintiff sued defendant for negligence. The trial court granted plaintiff partial summary judgment, concluding that the release plaintiff signed was contrary to public policy and therefore void as a matter of law. On interlocutory appeal, we conclude that the waiver is not void for public policy as a matter of law, bu... More... $0 (02-08-2008 - VT)
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William Bischoff, et al. v. Donald L. Bletz, Sr., et al.
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From the perspective of appellant Rodney White, these proceedings must seem Kafkaesque. Donald Bletz, Sr. and Bruce Van Guilder ("defendants") appear to have repeatedly ignored his deeded right of first refusal while plaintiffs were somehow able to extinguish it despite the fact that they raised no claim against White in their complaint, they were not parties to his deed, and they had constructiv... More... $0 (02-08-2008 - VT)
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Normand E. Inkel and Brandy Inke v. Pride Chevrolet-Pontiac, Inc., et al.
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Plaintiffs Normand and Brandy Inkel appeal the superior court's order granting defendant Pride Chevrolet[1] summary judgment and awarding the car dealership damages after rejecting the Inkels' consumer-fraud claims concerning their purchase of a truck from the dealership. In addition to challenging the grant of summary judgment to Pride Chevrolet, the Inkels contend that they are entitled to s... More... $0 (01-25-2008 - VT)
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James Turner v. Roman Catholic Diocese, et al.
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James Turner sued Burlington Catholic Diocese on a negligence theory claiming that the Church negligently failed to protect him from being molested by a pedophile priest in 1977 when he was 16-years-old. Plaintiff sought $1 million in damages.
Defendant denied fault and asserted the statute of limitations.... More... $0 (12-05-2007 - VT)
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Richard Hubbard and Dianne Hubbard Individually and as Administrators of the Estate of Seth Hubbard v. Metropolitan Property and Casualty Insurance Co. and Concord General Mutual Insurance Company
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1. BURGESS, J. Plaintiffs Richard and Dianne Hubbard, on behalf of themselves and the estate of their child, Seth, appeal the superior court's summary judgment in favor of their auto insurance carrier, Metropolitan Property and Casualty Company. Seth died while a passenger in a car driven by another boy who lost control and crashed in a single-car accident. After the accident, p... More... $0 (11-02-2007 - VT)
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Jean Smedberg v. Detlef's Custodial Services, Inc.
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Plaintiff Jean Smedberg appeals from a jury verdict awarding her $0 for pain and suffering after she suffered cervical spine injuries in a slip and fall at her workplace. She argues that the jury's verdict was unsupported by the evidence and that the superior court therefore erred in denying her motion for a new trial or, in the alternative, for additur, pursuant to Vermont Rule of Civil Proc... More... $0 (09-21-2007 - VT)
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Anthony E. Andrews v. Kurt W. Stam
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1. BURGESS, J. Plaintiff Anthony Andrews appeals a superior
court order dismissing his claim of negligence against defendant Kurt Stam
for personal injuries sustained when the parties were involved in a two-car
accident in Vermont. Defendant moved to dismiss, based on plaintiff's
failure to file suit within the three-year statute of limitations generally
applicable to suc... More... $0 (08-17-2007 - VT)
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Joanne Kane v. Trooper Maurice Lamothe and and the State of Vermont
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1. BURGESS, J. Plaintiff appeals from a trial court order
dismissing her claims of negligence and gross negligence against defendants
State of Vermont and Trooper Maurice Lamothe. These claims arise from an
alleged failure by the trooper to properly investigate a reported incident
of domestic abuse against plaintiff that continued after the trooper left
the scene. We conc... More... $0 (08-24-2007 - VT)
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Sally A. Collins, Administratrix of the Estate of David Collins, et al. v. Nathan Thomas and Bradford Garland
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1. DOOLEY, J. This is a wrongful death action on behalf of
David Collins, who died tragically at age twenty after falling from the
back of a pickup truck driven by his friend, defendant Bradford Garland.
Plaintiffs, the estate of Collins, his parents, and sister, appeal an order
of the superior court finding defendant not liable as a matter of law and
granting him summary ... More... $0 (08-24-2007 - VT)
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Lamell Lumber Corporation v. Newstress International, Inc.
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1. SKOGLUND, J. Plaintiff Lamell Lumber Corp., a lumber
wholesaler and retailer based in Essex Junction, Vermont, entered into a
contract with defendant Newstress International, Inc., a New Hampshire
corporation, requiring defendant to fabricate a number of precast concrete
panels and to "design, manufacture, truck, and erect these components" into
a concrete kiln for plain... More... $0 (08-31-2007 - VT)
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Margaret Pendergast v. Mary Jane Neveu
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Margaret Pendergast, age 66, sued Mary Jane Neveu on a negligence theory claiming that defendants failed to use due care in the operation of her automobile and, as a result, lost control of her vhicle causing it to collide
with plaintiff's vehicle. Plaintiff also claimed
that she sustained a broken collarbone and was hospitalzed for three days for treatment.
Defendants denied that she... More... $97343 (01-30-2007 - VT)
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Diana Levine v. Wyeth
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Defendant Wyeth, a drug manufacturer, appeals
from a jury verdict in favor of plaintiff Diana Levine, who suffered severe
injury and the amputation of her arm as a result of being injected with
defendant's drug Phenergan. Plaintiff claimed at trial that defendant was
negligent and failed to provide adequate warnings of the known dangers of
injecting Phenergan directly into a pat... More... $6774000 (11-01-2006 - VT)
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Confidential: Mr. and Mrs. v. Defendant Primary Care Practice Group, Defendant Primary Care Doctor 1 and Defendant Primary Care Doctor 2
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Plaintiff was a patient of Defendant Primary Care Practice from 1995 to 2003. He was seen several times each year but no doctor ever advised him of the risks and benefits of prostate cancer screening by digital rectal examination (DRE) and prostate specific antigen testing (PSA). Despite frequent visits to the office, no physician ever performed a DRE for over six years.
In 1999, Defend... More... $2375000 (04-08-2006 - VT)
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John P. Crowley ex rel. Vermont Department of Banking, Insurance, Securities & Health Care Administration v. PricewaterhouseCoopers, successor to Coopers & Lybrand
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In 1983, Ambassador Insurance Co. (a Vermont domiciled surplus lines insurance company with headquarters in New Jersey) was seized at the direction of former Commissioner George Chaffee and placed into court-supervised rehabilitation and subsequent liquidation as a result of its insolvency. Under the continuing supervision of current Commissioner John Crowley, efforts to compensate Ambassador ... More... $119900000 (07-29-2005 - VT)
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Cindy Serecky and Shannon Gioia v. National Grange Mutual Insurance, et al.
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Plaintiffs Cindy Serecky and Shannon Gioia
appeal from the trial court's order granting summary judgment for
defendants National Grange Mutual Insurance, Utica Mutual Insurance, and
Cooperative Insurance. Pursuant to an assignment of rights, plaintiffs
sued defendants for breach of contract and breach of the covenant of good
faith and fair dealing based on defendants' refusal to... More... $0 (07-26-2004 - VT)
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Union Mutual Fire Insurance Co. v. Joerg
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1. Plaintiff, Union Mutual Fire Insurance Company,
appeals from the decision of the superior court granting defendants' motion
to dismiss in its subrogation action against tenants of its insured and
their guest. On appeal, plaintiff argues that the court erred by: (1)
determining that defendants, Elmer and Jacqueline Joerg (tenants), were
implied coinsureds under their land... More... $0 (03-21-2003 - VT)
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Joseph J. and Doreen H. Siliski v. Allstate Insurance Company, James J. Guiel, Peggy Dumont and Michael Gannon
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Plaintiffs Joseph and Doreen Siliski, individually and as guardians and next best friend of Chase Siliski, appeal from the superior court's summary judgment in favor of defendants Allstate Insurance Company, James Guiel, Michael Gannon and Peggy Dumont. The Siliskis brought suit against defendants for malicious prosecution and intentional infliction of emotional distress. They did so based on... More... $0 (08-15-2002 - VT)
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John P. Trotier v. Opal P. Bassett
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Plaintiff John Trotier appeals from the trial court's denial of two of his motions - one for judgment as a matter of law and the other for a new trial - in this automobile negligence case. On appeal, plaintiff argues that the court erred by not construing certain statements of defendant as judicial admissions, which would have established liability, and by excluding opinion testimony of an exp... More... $0 (08-20-2002 - VT)
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Stephanie Needham, b/n/f Marilee and James Needham, and Marilee and James Needham, Individually v. Coordinated Apparel Group, Inc., et al.
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Defendants, comprised of the manufacturers, distributors and retailers of a cotton garment that ignited, injuring Stephanie Needham, appeal from a judgment based on a jury verdict in favor of plaintiffs, Stephanie and her parents, on their negligence, breach of warranty and products liability claims. Defendants contend the court erroneously: (1)denied their motion for judgment as a matter of l... More... $0 (10-07-2002 - VT)
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Maureen Bovee, et al. v. John C. Gravel, Esq., et al.
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Plaintiffs shareholders of Lyndonville Savings Bank & Trust Company appeal from a superior court judgment dismissing their complaint against defendants, the attorneys and law firms that represented the bank in a lawsuit against two of the plaintiffs, Evelyn and Roger Lussier. Plaintiffs contend the trial court erroneously: (1) ruled that they lack standing; (2) violated their constitutional rig... More... $0 (08-13-2002 - VT)
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Derosier v. Pawtucket Mutual Insurance Co.
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1. This is a declaratory judgment action concerning
the level of underinsured motorist (UIM) coverage available to a single
insured who is among the multiple injured persons with claims against the
tortfeasor's single-limit policy. The issue is whether, in such
situations, Vermont law requires the liability limits of the tortfeasor's
policy to be compared to the per person or t... More... $0 (01-31-2003 - VT)
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Colwell v. Allstate Insurance Co.
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1. The common issue presented by these two
consolidated appeals is whether a tortfeasor-motorist is underinsured
within the meaning of 23 V.S.A. § 941(f) where the tortfeasor's liability
policy limits are greater than the injured party's underinsurance limits,
but are insufficient to satisfy the injured party's damages because of
payments made to other victims of the same accide... More... $0 (01-31-2003 - VT)
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Derosier v. Pawtucket Mutual Insurance Co.
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1. This is a declaratory judgment action concerning
the level of underinsured motorist (UIM) coverage available to a single insured who is among the multiple injured persons with claims against the tortfeasor's single-limit policy. The issue is whether, in such situations, Vermont law requires the liability limits of the tortfeasor's
policy to be compared to the per person or the per acciden... More... $0 (01-31-2003 - VT)
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Morway v. Trombly
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Plaintiff Jill Morway, who filed a negligence action
against defendants Town of Milton and its snowplow operator Bruce Trombly after being injured in a car accident allegedly caused by Trombly, appeals the superior court's decision granting defendants' joint motion for summary judgment. Plaintiff does not challenge the grant of summary
judgment in favor of the Town, but contends that the cour... More... $0 (12-28-2001 - VT)
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Peter and Marjorie Behr v. Norman Hook, d/b/a Norm's Painting, et al.
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Plaintiffs Peter and Marjorie Behr, whose newly
constructed home was destroyed by fire shortly before they were to move
into it, appeal the superior court's summary judgment ruling upholding a
waiver-of-subrogation provision contained in the construction contract
entered into between the Behrs and their general contractor. Under the
court's ruling, the Behrs' insurer - the real... More... $0 (11-09-2001 - VT)
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Peter and Marjorie Behr v. Norman Hook, d/b/a Norm's Painting, et al.
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Plaintiffs Peter and Marjorie Behr, whose newly
constructed home was destroyed by fire shortly before they were to move
into it, appeal the superior court's summary judgment ruling upholding a
waiver-of-subrogation provision contained in the construction contract
entered into between the Behrs and their general contractor. Under the
court's ruling, the Behrs' insurer - the real... More... $0 (09-28-2001 - VT)
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McKinstry v. Richards
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Personal injury negligence claim by motorcyclist who was injured when he lost control over his motorcycle when it hit a patch of "muck" left on the road by Defendant. The muck in question was a combination of cow manure and mud tracked onto the road by defendant when he pulled out of his field onto the road. Plaintiff sustained a broken akle, injuries to his shoulder and a closed head injury whi... More... $531620 (07-31-1998 - VT)
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Lundonville Savings Bank and Trust Company v. Roger Lussier and Applied Research and Development, Inc.
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Negligence and breach of fiduciary duty by former president of Plaintiff which claimed that Defendant Roger Lussier made improper loans to friends , relatives, business associates and others who could not afford to repay the loans.... More... $8700000 (01-15-1998 - VT)
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