More...    $55000 (12-21-2022 - VT)

This case encompasses two main related sets of disputes. One dispute arises from a landowner’s replacement of his boathouse and construction of ancillary retaining walls that encroach onto his neighbors’ property. This dispute includes claims for declaratory and injunctive relief, as well as damages on account of the landowner’s alleged
trespass. The neighbors challenge the trial court’s c... More...    $0 (10-25-2015 - VT)

This case arises out of a divorce proceeding between plaintiff
Kenneth Felis and his former wife, Vicki Felis. Defendant Downs Rachlin Martin, PLLC
(DRM) represented Ms. Felis in the divorce proceeding, and defendant Gallagher, Flynn &
Company, LLP (GFC) was retained by DRM on behalf of Ms. Felis to prepare business
valuations related to the proceeding. Plaintiff appeals the ... More...    $0 (10-24-2015 - VT)

¶ 1. ROBINSON, J. Plaintiff filed suit for breach of contract and intentional infliction of emotional distress (IIED) against his former employer, the City of Burlington, claiming that the City disciplined him for actions and in a manner not authorized by the City’s personnel manual. The trial court granted the City summary judgment, concluding that the manual unambiguously allow... More...    $0 (08-02-2013 - VT)

¶ 1. DOOLEY, J. This case presents the difficult task of equitably resolving the fallout from a collapsed, unwritten real estate transaction. Both parties challenge the monetary award arrived at by the trial court, sitting in equity. We conclude that, although correct in some respects, the trial court’s decision mistakenly treated the parties’ agreement as though it were an ag... More...    $0 (09-06-2013 - VT)

¶ 1. ROBINSON, J. The question in this case is whether the trial court’s dismissal of plaintiff’s eviction action on account of her lawyer’s failure to attend a scheduled status conference can withstand a motion to set aside the judgment pursuant to Vermont Rule of Civil Procedure 60(b) given the facts of this case. We conclude that it cannot and reverse.

¶ 2. ... More...    $0 (09-13-2013 - VT)

¶ 1. DOOLEY, J. Plaintiff Michelle Straw appeals the judgment order of the superior court, pursuant to a jury verdict, dismissing her case for breach of an implied employment contract against defendant Visiting Nurse Association and Hospice of Vermont and New Hampshire (VNA). She argues that the jury instructions in her case were erroneous and prejudicial because they failed to ins... More...    $0 (10-18-2013 - VT)

¶ 1. BURGESS, J. Plaintiffs, Doctors Eitan and Vered Sobel, owners of a medical office building in Rutland, appeal the superior court’s grant of summary judgment for defendant, City of Rutland. Plaintiffs sued the City for damages, claiming the City Tax Assessor (the Assessor) was negligent in providing allegedly inaccurate property tax estimates on the proposed, but not yet built... More...    $0 (10-12-2012 - VT)

¶ 1. ROBINSON, J. This case requires us to consider the constitutional rights of a putative biological father who seeks an order of parentage when a court has already issued a parentage order determining the minor child’s parents. We conclude that Vermont’s parentage statute does not authorize a court to allow a second parentage action involving a particular child brought by or ... More...    $0 (01-20-2013 - VT)

¶ 1. Plaintiff David Shaddy appeals the Windham Civil Division’s dismissal of his complaint against the Brattleboro Retreat and certain employees of the Retreat. Plaintiff, a former Retreat employee, brought claims of defamation, obstruction of justice, intentional infliction of emotional distress (IIED), and intentional interference with a contract, arising from the Retreat’s al... More...    $0 (08-10-2012 - VT)

¶ 1. DOOLEY, J. Plaintiff David M. Lay appeals from the superior court’s order granting summary judgment to defendants William J. Pettengill, Elizabeth F. Novotny, and Daniel K. Troidl on his complaint. Lay’s claims stem from an internal investigation into his behavior as a state trooper and his subsequent resignation from the Vermont State Police (VSP). Lay argues that the su... More...    $0 (11-23-2011 - VT)

¶ 1. DOOLEY, J. Wife appeals from a family court order denying a motion to enforce the property division set forth in the parties’ original divorce decree. She contends the court abused its discretion by: (1) failing to enforce a provision requiring payment of $150,000 for the marital home; and (2) failing to exercise its equitable power to impose a constructive... More...    $0 (08-12-2011 - VT)

¶ 1. In this dispute between neighboring landowners, defendant Stowe Mountain Club, LLC (SMC) appeals from a judgment in favor of plaintiff David Smalley on his claim that portions of a golf course built and operated by SMC violate restrictive covenants in Smalley’s deed. SMC contends that, in granting declaratory and injunctive relief in favor of Smalley, the trial court: (1) misconstrued t... More...    $0 (05-20-2011 - VT)

¶ 1. DOOLEY, J. This case concerns the proper allocation of settlement costs between insurers following a wrongful death settlement. The death occurred in 2002, when Paul H. Tucker (“Tuckerâ€�) was hauling waste for Casella Waste Management, Inc. (“Casellaâ€�) and collided with Robert Hathaway’s vehicle, killing Hathaway. Appellant, Old Republic Insurance Co. (“Old Republi... More...    $0 (12-23-2010 - VT)

¶ 1. Harry and Lucille Clayton appeal from the trial court’s order granting summary judgment to defendants on their legal malpractice claim and dismissing their remaining claims. The Claytons argue that summary judgment was improperly granted, focusing on attorney Stephen Unsworth’s alleged “waiverâ€� of a statute-of-limitations defense in an arbitration proceeding. We affirm... More...    $0 (08-26-2010 - VT)

Claimant appeals from the superior court’s order granting summary judgment to insurer in this workers’ compensation case.[1] He argues that the court: (1) exceeded its jurisdiction under 21 V.S.A. § 671 by granting summary judgment to insurer; and (2) abused its discretion by excluding the expert testimony that he offered. We affirm the trial court’s decision.

¶ 2. ... More...    $0 (02-04-2010 - VT)

Plaintiffs Scott Mann and the Estate of Nathan LaBrecque appeal from the Windsor Superior Court’s grant of summary judgment to intervenor-insurer Virginia Surety Company, determining that insurer would not owe indemnification to Adventure Quest should it be found liable to plaintiffs for sexual abuse they experienced while attending Adventure Quest’s school. On appeal, plaintiffs argue that i... More...    $0 (11-30--0001 - 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)

Plaintiff, Dr. Leigh LoPresti, appeals from the superior court's summary judgment in favor of defendant, Rutland Regional Physician Group, Inc. (Physician Group), his former employer. Dr. LoPresti claims that he was fired for his refusal to refer his patients to certain other Physician Group doctors whom he believed provided substandard and unnecessary care to his patients. Dr... More...    $0 (11-03-2004 - VT)

Real Estate - nuisance and trespass: Plaintiffs George and Carole Trickett brought this nuisance and trespass action against their neighbors, Peter and Carol Ochs, alleging that defendants' operation of an apple orchard interfered with plaintiffs' use and enjoyment of their land and caused them emotional distress. Following an evidentiary hearing on plaintiffs' request for injun... More...    $0 (10-10-2003 - VT)

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)

Plaintiff Starr Farm Beach Campowners Association, Inc. instituted this action in Chittenden superior court, seeking to eject defendants John J. Boylan and Kathleen M. Boylan from property at Starr Farm Beach. Defendants appeal the trial court's grant of summary judgment for plaintiff, arguing that the trial court erred in finding no contract existed between defendants and plaintiff for a three... More...    $0 (08-19-2002 - VT)

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)