Defendant Lucas Dwight appeals the trial court’s restitution order requiring him to pay dental expenses resulting from defendant’s conviction for simple assault. Defendant raises two main issues: (1) whether the court erred in awarding restitution for expenses that complainant’s father paid on complainant’s behalf; and (2) whether the ordered repayment schedule, which considered defendant’s e... More...    $0 (08-01-2018 - VT)

Defendant William Schenk was charged with two counts of
disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of
Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that
the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.
Defendant appeals the trial cour... More...    $0 (06-11-2018 - VT)

Defendant William Schenk was charged with two counts of
disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of
Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that
the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.
Defendant appeals the trial cou... More...    $0 (05-05-2018 - VT)

Defendant Jeffrey Davis appeals his conviction for financial
exploitation of a vulnerable adult under 13 V.S.A. § 1380(a) following a jury trial. He raises four
arguments on appeal. His first two arguments arise from the trial court’s denial of his motion for
a judgment of acquittal and the sufficiency of the State’s evidence. He also argues that the court’s
instructions to... More...    $0 (03-26-2018 - VT)

1 The following background is taken in the light most favorable to A & A and Mr. Konstantinou as the non-moving parties. The court acknowledges that Manchester CP disputes many of Mr. Konstantinou’s assertions regarding statements made by its agents.
Argirios Konstantinou operated the Manchester Pizza House restaurant in the Price Chopper Plaza at 263 Depot Street in Manchester, Vermont for ... More...    $0 (04-24-2016 - VT)

Defendant, Thomas Bryan, appeals from the criminal
division’s denial of his motion to withdraw counsel and order finding him in violation of his
probation. The critical question in this case is whether sexually touching a minor violates a
probation condition prohibiting violent or threatening behavior. We hold that defendant’s act
constitutes violent behavior and we affirm t... More...    $0 (02-13-2016 - VT)

This case requires us to decide whether, in a murder prosecution, a jury can find a defendant guilty of voluntary manslaughter, as opposed to murder, on the basis of evidence that the defendant's actions were influenced by a serious psychological condition that does not rise to the level of insanity and does not negate the defendant's specific intent to kill. It also obliges us to reconcile dispar... More...    $0 (01-02-2016 - VT)

Plaintiff Scott Nichols is an inmate in the custody and control of the Vermont Department of Corrections (the “Department”). At the time of the events in dispute here, he was incarcerated at Northern State Correctional Facility (“NSCF”). Since filing this complaint, Plaintiff has been released from prison and placed on conditional re-entry furlough in the community. This action was filed on Mar... More...    $0 (12-03-2015 - VT)

In the early 1980s, landlords William and Susan O’Brien purchased the subject
property, which is located in the Old North End of Burlington and includes a two-story house
and brick building (referred to as the creamery) with a common wall to the rear of the house.
The creamery has no fixtures and has never been inhabited. After landlords purchased the
property in 1982, the ho... More...    $0 (10-24-2015 - VT)

In the early 1980s, landlords William and Susan O’Brien purchased the subject
property, which is located in the Old North End of Burlington and includes a two-story house
and brick building (referred to as the creamery) with a common wall to the rear of the house.
The creamery has no fixtures and has never been inhabited. After landlords purchased the
property in 1982, the h... More...    $0 (10-23-2015 - VT)

Mother appeals the parent-child contact and property division orders in a final divorce decree that assign her sole parental rights and responsibilities with regard to the parties’ children. On appeal, mother argues that the trial court was bound to consider findings of fact made by the presiding magistrate at a temporary hearing and that the court’s findings do not support its conclusions. We ... More...    $0 (08-02-2015 - VT)

¶ 1. Mother appeals the parent-child contact and property division orders in a final divorce decree that assign her sole parental rights and responsibilities with regard to the parties’ children. On appeal, mother argues that the trial court was bound to consider findings of fact made by the presiding magistrate at a temporary hearing and that the court’s findings do not support its... More...    $0 (06-26-2015 - VT)

¶ 1. Defendant appeals an order of the Windham Superior Court[1] concluding that he violated a condition of his probation requiring him to notify his probation officer if he is planning to begin a sexual relationship. We reverse.
¶ 2. On October 29, 2009, defendant was convicted of several felony and misdemeanor offenses and placed on probation. In August 2013, afte... More...    $0 (06-12-2015 - VT)

¶ 1. REIBER, C.J. In a second appeal to this Court, father argues that the magistrate and the family division of the superior court erred on remand by not awarding him a credit for the entire lump-sum derivative Social Security Disability Insurance (SSDI) benefit given to mother as representative payee for the parties’ son, by not imputing income to mother, and by granting mother ... More...    $0 (06-12-2015 - VT)

¶ 1. BURGESS, J. Plaintiffs appeal the superior court’s denial of their motion for a new trial based on allegations of juror bias. The issues presented are whether (1) plaintiffs’ motion for a new trial was timely, (2) the trial court erred in denying the motion under the test for juror bias set forth in In re Nash, 158 Vt. 458, 614 A.2d 367 (1991), and (3) the trial court erred... More...    $0 (08-02-2013 - 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. Defendant appeals from a final relief-from-abuse order in which the family division of the superior court concluded that plaintiff was a vulnerable adult and that defendant abused and exploited her. We affirm.

¶ 2. Plaintiff was born in November 1992. She was deaf for the first several years of her life, resulting in developmental delays that ca... More...    $0 (08-09-2013 - VT)

¶ 1. REIBER, C.J. In this civil action alleging sexual assault and battery and intentional or reckless infliction of emotional distress by a medical doctor during the course of his treatment of a high school female athlete, plaintiff appeals the superior court’s grant of summary judgment to defendant based on the six-year statute of limitations applicable to childhood sexual abuse... More...    $0 (08-09-2013 - VT)

¶ 1. BURGESS, J. Defendant Douglas Tuthill, Administrator of the Estate of Paul Oakes, appeals from the jury’s award of $150,000 in punitive damages to plaintiff Doreen Carpentier and the trial court’s denial of his motion for remittitur. Defendant also challenges the trial court’s denial of his post-judgment motion to vacate a writ of attachment. We affirm.

¶ 2. ... More...    $0 (10-04-2013 - VT)

¶ 1. BURGESS, J. Plaintiffs Thomas and Marie Baptie, administrators of the estate of their son, John Baptie, appeal the superior court’s decision granting defendant Aron McNeil, a former police officer, summary judgment with respect to their lawsuit alleging that the officer was liable for the death of their son as the result of his negligent investigation of their complaint again... More...    $0 (12-06-2013 - VT)

¶ 1. SKOGLUND, J. Plaintiff Sally J. Taylor sued Fletcher Allen Health Care (FAHC) for medical negligence and negligent infliction of emotional distress, in connection with her medical care following a surgery performed on her lumbar spine. After plaintiff failed to disclose any expert witness in response to discovery requests, FAHC moved for summary judgment, arguing that plaintif... More...    $0 (10-19-2012 - VT)

¶ 1. DOOLEY, J. Mother appeals from a final divorce order granting father parental rights and responsibilities for the parties’ two children and giving mother parent-child contact in stages beginning with supervised contact with progression through the stages determined by the children’s medical and mental health providers. Mother argues that the order impermissibly delegates t... More...    $0 (11-30-2012 - 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. SKOGLUND, J. Kayla Eaton’s lawsuit against her former employer and supervisor for sexual assault was dismissed for failure to prosecute. She claims that her ability to prosecute the case was thwarted by a licensed polygraph examiner, Leroy Prior, who determined that she did not tell the truth in responding to questions about the alleged assault. Ms. Eaton and her father Rob... More...    $0 (07-27-2012 - 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. JOHNSON, J. Mother appeals from a family court order granting father sole physical and legal rights and responsibilities of their child. She contends that: (1) the family court’s findings and legal conclusions are inconsistent with the evidence presented at trial and are based on inadmissible evidence; (2) the family court erred in failing to consider her argument that fathe... More...    $0 (09-22-2011 - VT)

¶ 1. Father appeals the family court’s denial of his motion to reinstate parent-child contact following a voluntary suspension of such contact due to an allegation of child sexual abuse. We hold that the court’s finding of sexual abuse by a preponderance of the evidence was insufficient to support an order effectively terminating father’s parental rights. We reverse and remand... More...    $0 (10-07-2011 - VT)

¶ 1. SKOGLUND, J. Father appeals the family court’s denial of his motion to reinstate parent-child contact following a voluntary suspension of such contact due to an allegation of child sexual abuse. We hold that the court’s finding of sexual abuse by a preponderance of the evidence was insufficient to support an order effectively terminating father’s parental rights. We rev... More...    $0 (10-07-2011 - VT)

This action is primarily an employment related claim in which plaintiffs allege that they were retaliated against by the defendant, that their employment/medical privileges were terminated or restricted, and that they were tortiously injured by the defendant because of their whistleblowing actions in reporting what they believed to be repeated, significant violations of applicable professional res... More...    $0 (10-26-2011 - vT)

¶ 1. JOHNSON, J. Mother appeals from a family court order granting father sole physical and legal rights and responsibilities of their child. She contends that: (1) the family court’s findings and legal conclusions are inconsistent with the evidence presented at trial and are based on inadmissible evidence; (2) the family court erred in failing to consider her argument that fathe... More...    $0 (09-22-2011 - VT)

¶ 1. SKOGLUND, J. Father appeals the family court’s denial of his motion to reinstate parent-child contact following a voluntary suspension of such contact due to an allegation of child sexual abuse. We hold that the court’s finding of sexual abuse by a preponderance of the evidence was insufficient to support an order effectively terminating father’s parental rights. We rev... More...    $0 (10-07-2011 - VT)

¶ 1. This case asks the Court to decide if an eighteen-year-old has a duty to control the behavior of a fifteen-year-old friend and, if the fifteen-year-old later commits suicide, whether the eighteen-year-old is at fault. We affirm the trial court’s grant of summary judgment to defendant and conclude she had no duty to intervene to prevent the tragedy that occurred.

¶ 2.... More...    $0 (04-21-2011 - VT)

¶ 1. BURGESS, J. The plaintiff in this declaratory judgment action, Northern Security Insurance Company (Northern), appeals from a superior court judgment that it owes a duty of coverage to Rose, Steven, and Kyle Perron, its insureds under a homeowner’s policy. Northern contends the trial court erred in ruling that: (1) Rose Perron’s misrepresentation did not void coverage of ... More...    $0 (10-08-2010 - VT)

This case asks the Court to decide the proper measure of damages for the loss of a family dog. Plaintiffs Sarah and Denis Scheele appeal from a judgment denying them recovery for emotional damages for the intentional killing of their pet dog, Shadow. Though plaintiffs recovered $155 in economic damages for the destruction of their property, the issue is whether they are entitled to damages for e... More...    $0 (05-21-2010 - VT)

Glenn A. Myer appeals from a summary judgment declaring that his insurer, Pharmacists Mutual Insurance Company, owed him no duty to indemnify or pay defense costs on appeal from a third-party claim, and dismissing Myer’s counterclaims for bad faith and consumer fraud. We affirm the court’s dismissal of the counterclaims, but reverse its decision on the duty to defend and indemnify, and remand... More...    $0 (11-30--0001 - VT)

¶ 1. DOOLEY, J. This is an action by clients (hereinafter plaintiffs) against a lawyer who misappropriated funds belonging to the clients. The complaint sought the funds, additional compensatory damages, and punitive damages on multiple theories. The lawyer failed to answer the complaint, and the superior court entered a default judgment in favor of plaintiffs. Thereafter, the co... More...    $0 (01-30-2009 - 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)

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)