¶ 1. Homeowners Steve Krolick and Lisa Stickney appeal an order of the Windsor Superior Court awarding plaintiff contractor, Vermont Built, Inc., attorney’s fees and prejudgment interest as an addition to an arbitrator’s award of consequential damages for breach of a house-construction contract. On appeal, homeowners contend that: (1) the trial court’s modification of the arbitrator’s d... More...   $0 (10-31-2008 - VT)

Plaintiff-appellant Linda Havey (“Havey”), who was formerly employed as a mortgage underwriter by defendant-appellee Homebound Mortgage (“Homebound”), brought this action claiming that Homebound and its officers failed to pay her overtime compensation as required by the Fair Labor Standards Act (“FLSA” or “the Act”), 29 U.S.C. § 201 et seq. Defendants responded that Havey was empl... More...   $0 (10-22-2008 - VT)

¶ 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)

¶ 1. In this action for fraud, defendants R. Brown & Sons, Robert Brown, and Stephanie Brown appeal from a default judgment on liability entered against them as a discovery sanction below. Defendants also bring several challenges to the court’s final judgment on damages. Plaintiff Rathe Salvage, Inc. cross-appeals. We reverse the default judgment, remand the matter, and decline t... More...   $0 (08-03-2008 - VT)

¶ 1. Progressive Insurance Company appeals the superior court’s summary judgment ruling in favor of Kyle Brown for uninsured motorist (UM) coverage. In its ruling, the court concluded that the policy definition of “uninsured motor vehicle,” which excludes any vehicle owned by the insured or a relative, is unenforceable because it violates the public policy expressed in Vermontâ... More...   $0 (08-03-2008 - VT)

¶ 1. Defendants Mitec Electronics Limited, Mitec Telecom Incorporated, and Myer T. Bentob appeal from a series of adverse superior court orders in a declaratory-judgment action concerning insurance coverage filed by plaintiff Northern Security Insurance Company (NSIC). Defendants’ claims of error fall into three general categories: (1) jurisdictional; (2) the interpretation of a general releas... More...   $0 (08-03-2008 - VT)

1. Plaintiff Dr. Rajan Bhatt appeals from a decision of the Chittenden Superior Court, granting summary judgment to defendant The University of Vermont (the University) on plaintiff's claim that he was subjected to discrimination because of his disability. On appeal, plaintiff argues that: (1) the Vermont Public Accommodations Act, 9 V.S.A. §§ 4500-4507 (VPAA), requires accommodation... More...   $0 (05-30-2008 - VT)

1. Plaintiffs in this case are Nancy and Eugene Field, farmers from Connecticut who wanted to purchase a particular Vermont farm. Defendants are four independent parties including: the previous owners of the subject farm, Armando and Maria Costa; the current owners of the farm, Lorenzo and Amy Quesnel; a real estate agency and one of its brokers, Coldwell Banker Bill Beck Real Estate and Richard... More...   $0 (06-06-2008 - VT)

1. This case arises from a dispute over obligations under a lease between landlord, Century Partners, and tenant, Lesser Goldsmith Enterprises. Landlord brought an eviction action against tenant, alleging that tenant defaulted on the lease by constructing improvements to its store without the necessary municipal permit. Tenant counterclaimed for lost profits it suffered due to a four-year dela... More...   $0 (04-11-2008 - VT)

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)

2. The parties agree on the following facts. Plaintiff and defendant were involved in a romantic relationship and lived together for approximately six years. They separated in February 2006, when plaintiff moved out of defendant's home. Following... More...   $0 (04-18-2008 - VT)

It's against ... More...   $14000 (04-16-2008 - VT)

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)

Plaintiff, the State of Vermont, appeals a judgment of the Chittenden Superior Court compelling arbitration and dismissing this declaratory judgment suit. The State sought a ruling concerning the amount of money to be paid to the State in accordance with the 1998 Master Settlement Agreement (MSA) entered into by the State, fifty-one other states and territories (settling states), and the major do... More...   $0 (02-01-2008 - VT)

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)

Mother appeals the family court's order awarding father sole legal rights and responsibilities and her sole physical rights to their two boys, and granting father unsupervised contact with the boys every other week. Mother contends that the court erred in: (1) admitting father's expert testimony on investigative techniques and giving it greater weight than the testimony of the state investigator;... More...   $0 (02-08-2008 - VT)

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)

This products liability action arose out of a kitchen fire in the apartment of plaintiff Kristen Uroskie-Lewis. Plaintiffs alleged that a defective microwave, manufactured by defendant, was the cause of the fire and sought to introduce testimony of two fire investigation experts on the issue of causation. The trial court granted defendant's pretrial motion to exclude the expert testimony, findin... More...   $0 (02-08-2008 - VT)

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)

2. The following facts are not disputed. Mother and father were married in Vermont in 1999, and lived in Vermont immediately following their marr... More...   $0 (12-21-2007 - VT)

1. * * * This is the second appeal arising out of road work that the Town of Holland undertook on Lackey Road, a one mile long, Class 3, dirt road. Landowner John Robert Hamilton objected to the work itself and the manner in which it was authorized. In the first appeal, this Court reversed a grant of summary judgment in favor of the Town. At the subsequent trial in superior court, landow... More...   $0 (01-01-2008 - VT)

Defendant denied fault and asserted the statute of limitations.... More...   $0 (12-05-2007 - VT)

1. Defendant Gorden Starkey appeals from a family court order requiring him to pay college tuition for Kristen O'Connell-Starkey. In so requiring, the family court concluded that the latest amended divorce order was not ambiguous and found that, although it left the issue of college tuition open for contest, defendant had never contested it. Therefore, defendant remained obligated under ... More...   $0 (11-30-2007 - VT)

The plaintiff-appellant John Doe (ADoe@) appeals from the District Court=s order dismissing his claims against the defendants-appellees the Newbury Bible Church, the Newbury Christian School, and the Newbury Bible Church and School (collectively, the Achurch defendants@) pursuant to the church defendants= motion for summary judgment. Doe sued the church defendants and Joseph Rinaldi, the form... More...   $0 (11-22-2007 - VT)

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)

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)

1. The question presented is whether, under the qualified privilege for reporters first recognized by this Court in State v. St. Peter, 132 Vt. 266, 315 A.2d 254 (1974), a newspaper reporter may properly refuse to testify as to events he witnessed at a public selectboard hearing where such events, though observed by others, are relevant to significant issues in a pending civil lawsuit. We ho... More...   $0 (09-07-2007 - VT)

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)

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)

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)

Unknown... More...   $0 (08-24-2007 - VT)

1. REIBER, C.J. In this appeal, we revisit the meaning of the term "double recovery" as used in 21 V.S.A. § 624(e) and interpreted by the Court in Travelers Insurance Co. v. Henry, 2005 VT 68, 178 Vt. 287, 882 A.2d 1133. Specifically, we address the circumstances under which an underinsured/uninsured motorist (UIM) award must be allocated between economic and noneconomic d... More...   $450000 (08-31-2007 - VT)

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)

1. DOOLEY, J. Plaintiffs Danny L. DeGraff, Nancy R. Degraff, and MBS Hardware & Lumber, Inc., appeal from the trial court's order in this quiet-title action. The court determined that, pursuant to the terms of their deed, plaintiffs possessed a twenty-seven-foot-wide triangular easement on land owned by defendant Norman Burnett, which they could use for garage space and st... More...   $0 (08-31-2007 - VT)

Al Wilkinson sued Central Vermont Public Service Corp. on an age discrimination theory claiming that he was passed over for a promotion because of his age. He claimed that Instead of promoting him to the position, CVPS hired an individual with virtually no experience in the operational aspects of CVPS and knowingly and willfully discriminated him on the basis of his age in violation of the Ve... More...   $0 (07-04-2007 - VT)

Carl Follo sued Paul Florindo and Susan Morency on a fraud theory claiming that defendants intentionally or negligently misrepresented the income being produced by the Inn at Cranberry Farm in the negotiations that led up to the purchase of the Inn by Plaintiff. Follo claimed that he was have paid only $650,000 for the Inn rather than the $1.2 million that he actually paid in 2003 if he had be... More...   $650000 (05-05-2007 - VT)

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)

Fab-Tech Inc. of Colchester, Vermont sued E.I. DuPont sold a coating developed by it to coat steel ducts used in the semiconductor industry in violation of an agreement between the two companies. The coating was developed by Fab-Tech and Dupont in the 1990s. Fab-Tech claimed that in some areas, such as South Korea, its investment in a manufacturing facility became worthless because... More...   $2300000 (04-18-2007 - VT)

Defendants denied that she... More...   $97343 (01-30-2007 - VT)