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Vermont Death Law
 
Rodney Chayer v. Ethan Allen, Inc., et al.

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)

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

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)

Jean Smedberg v. Detlef's Custodial Services, Inc.

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)

Anthony E. Andrews v. Kurt W. Stam

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)

Sally A. Collins, Administratrix of the Estate of David Collins, et al. v. Nathan Thomas and Bradford Garland

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)

Jo-Ellen Golden v. Peter Cooper-Ellis

1. DOOLEY, J. Husband Peter Cooper-Ellis appeals from both the final divorce order dividing the parties' marital estate and orders denying his subsequent motion to modify spousal maintenance and child support. Husband makes numerous contentions of error. Most significantly, he claims that the family court erred when it included all of his unvested stock options in the marit... More...   $0 (03-02-2007 - VT)

Jerome Rappaport v. Estate of Laura F. Banfield, By and Through Its Executrix Laura B. Hoguet and Duane Wells

1. ALLEN, C.J. (Ret.), Specially Assigned. Plaintiff Jerome Rappaport appeals from the trial court's order granting summary judgment to defendants Estate of Laura F. Banfield and Duane Wells in this dispute involving a right of first refusal. Plaintiff maintains that questions of material fact remain as to whether his right of first refusal was limited to a 25.1-acre ... More...   $0 (04-06-2007 - VT)

Diana Levine v. Wyeth

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)

Stephanie Needham, b/n/f Marilee and James Needham, and Marilee and James Needham, Individually v. Coordinated Apparel Group, Inc., et al.

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)

Dillon v. Champion Jogbra, Inc.

1. MORSE, J. Plaintiff Linda Dillon appeals an order of the superior court granting summary judgment to defendant Champion Jogbra, Inc. in her action for wrongful termination. Dillon contends that the trial court erroneously concluded as a matter of law that Dillon's at-will employment status had not been modified by Jogbra's employment manual and employment practices, and that... More...   $0 (12-27-2002 - VT)

Dodge v. Precision Construction Products, Inc.

The main issue raised by this appeal is whether an action brought under the Vermont Workers' Compensation Act, 21 V.S.A. §§ 601-710, that is awaiting a formal hearing, survives the death of the claimant who had no dependents and whose death was unrelated to work. Precision Construction Products, Inc. (Precision) appeals from a decision of the Commissioner of the Department of La... More...   $0 (02-14-2003 - VT)

Rosemary Altea v. Mary Jane Osborne, Lynne August, and Rick and Geraldine Burnet

Family members of Llewella Day sought to set aside the will executed by Ms. Day before her death giving her 580-acre hilltop Ira estate, valued at $720,000, to Rosemary Altea, a British-born psychic medium who bills herself as "The Voice of the Spirit World." The plaintiff claimed that the defendant used undue influence to convince a dying woman to change her will. Ms Altea had lost before the P... More...   $720000 (03-09-2003 - VT)

Mary Ester MacFarlane, et al. v. Canadian Pacific Railway Company, et al.

This appeal arises out of a wrongful death action brought by Mary Ester Macfarlane (the widow of D. Kenneth Macfarlane), individually and as administrator of the estate of D. Kenneth Macfarlane, and her children (collectively Macfarlane) against National Railroad Passenger Corporation (Amtrak) and Canadian Pacific Railway Company (Canadian Pacific), for damages caused by a collision between an Amt... More...   $0 (01-02-2002 - VT)

Pirdair v. Medical Center Hospital of Vermont

Plaintiffs appeal from the judgment of the superior court following a jury verdict in favor of defendants on their claim for medical malpractice. Plaintiffs Sandra Baird, the administrator of the estate of Ahmad Sharifian and guardian for Mr. Sharifian's wife, Soozan Pirdair, and Mary Kehoe, the guardian of Mr. Sharifian's son Boback Sharifian, pursued a claim brought against defendants Dr. Be... More...   $0 (03-29-2002 - VT)

Anthony White v. Quechee Lakes Landowners' Association v. Helo Factories, Ltd.

Wrongful Death - Indemnification - Quechee Lakes owns and operates a health club for the recreational use of its members. The club maintains saunas within its men's and women's locker room facilities. Helo manufactured the heating unit and control panel used in the women's sauna, but was not involved in designing or constructing the s... More...   $450000 (09-24-1999 - VT)

John A. Russell Corporation v. James Bohlig

Breach of Employment Contract - Breach of Fiduciary Duty - Self-Dealing - In May 1989, Mr. Bohlig was hired as executive vice president and chief operating officer by the John A. Russell Corporation, a general contracting company in Rutland, Vermont. The parties entered into an employment contract for a term of three years on May 16, 1989. Shortly ... More...   $365013 (08-27-1999 - VT)


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