Vermont Daubert Law

State Of Vermont v. Leo Paul Pratt II

Defendant appeals his conviction in Addison Superior Court on the grounds that the court erred by: (1) admitting the victim’s out-of-court statements under Vermont Rule of Evidence 804a; (2) admitting expert testimony under Vermont Rule of Evidence 702; and (3) coercing a jury verdict. We affirm. ¶ 2. Defendant was charged with aggravated sexual assault of a minor under th... More...

$0 (01-01-2016 - VT)

State Of Vermont v. Leo Paul Pratt II

Defendant was charged with aggravated sexual assault of a minor under the age of thirteen in violation of 13 V.S.A. § 3253(a)(8). The victim, T.B., was twelve years old at the time of the incident that gave rise to this case. Evidence presented at trial demonstrates the following. On November 14, 2012, T.B. arrived home from school and was alone in the house with defendant,... More...

$0 (12-31-2015 - VT)

Stephen J. Pcolar v. Cesella Waste Systems, Inc. aka All Cycle Waste

¶ 1. SKOGLUND, J. Plaintiff Stephen J. Pcolar appeals from a Chittenden Superior Court verdict in favor of defendant Casella Waste Systems, Inc. Plaintiff filed suit alleging negligence in connection with an incident where the gripper arm of a garbage truck owned by Casella and operated by defendant Robert Smith struck plaintiff. The superior court charged the jury to compare the ... More...

$0 (07-27-2012 - VT)

George Brault v. Social Security Administration

Plaintiff-Appellant George Brault appeals from the judgment of the United States District Court for the District of Vermont (Murtha, J.) affirming the decision of the Commissioner of Social Security ("the Commissionerâ€) denying Brault's application for disability benefits. We conclude the decision of the administrative law judge ("ALJâ€) was supported by substantial evidence and was not... More...

$0 (06-29-2012 - VT)

Estate of Albert George v. Vermont League of Cities and Towns

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. Â§ 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. The ... More...

$0 (02-04-2010 - VT)

Rathe Salvage, Inc. v. R. Brown & Sons, Inc., Robert E. Brown and Stephanie Brown

¶ 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 to ... More...

$0 (08-03-2008 - VT)

985 Associates, Ltd., et al. v. Daewoo Electronics America, Inc. f/k/a Daewoo Electronics Corp. of America

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)

<a href="gopher://dol.state.vt.us/0R0-45682-gopher_root3:%5Bsupct.current%5D99-360.op;1" target="_new">Stephanie Needham, b/n/f Marilee and James Needham, and Marilee and James Needham, Individually v. Coordinated Apparel Group, Inc., et al.</a>

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)