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State of Vermont v. Jasen Suhr
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Defendant appeals the trial courts decision that he violated the |
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Manchester CP vs. A & A Restaurant Inc. et al | |
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. Konstantinous assertions regarding statements made by its agents. |
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State of Vermont v. James Anderson | |
On September 18, 2003, defendant was convicted of sexual assault of a minor in |
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Synecology Partners L3C v. Business RunTime, Inc., et al. | |
In 2008, SynEcologys founders, Edward Grossman and Jeanne Conde, sold the |
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Timothy Terry and Penny Terry v. William O'Brien and Susan Cain O'Brien | |
In the early 1980s, landlords William and Susan OBrien purchased the subject |
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Timothy Terry and Penny Terry v. William O'Brien and Susan Cain O'Brien | |
In the early 1980s, landlords William and Susan OBrien purchased the subject |
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In re Roman Catholic Diocese of Albany, New York, Inc. | |
Michael Shovah filed suit in the United States District Court for the District of Vermont against the Diocese and its former priest, Gary Mercure, alleging that Mercure transported Shovah (when he was a minor sometime in the late 1980s2) from New York to Vermont for the purpose of sexually abusing him, and did sexually abuse him. Shovah asserted only general (not specific) jurisdiction over the Di... More... $0 (02-08-2014 - VT) |
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Ying Ji v. David Heide | |
¶ 1. ROBINSON, J. The question in this case is whether the trial courtâs dismissal of plaintiffâs eviction action on account of her lawyerâs 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. |
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Judith Meyncke v. Robert Meyncke | |
¶ 1. REIBER, C.J. Ex-husband and ex-wife[1] each appeal a post-judgment order of the superior court, family division, awarding wife maintenance arrears and attorneyâs fees, and construing a provision in the final divorce order distributing the partiesâ retirement accounts, including husbandâs 401k account,[2] which decreased in value substantially before it could be divided be... More... $0 (09-13-2013 - VT) |
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Roy, Hirschbuhl, Barr, et al. v. Woodstock Community Trust, Inc. | |
¶ 1. DOOLEY, J. This case arises out of a proposed housing development in West Woodstock, Vermont. It is not the first case to come before us related to this development. In Roy v. Woodstock Community Trust and Housing Vermont PRD, 2012 VT 87, ___ Vt. ___, 60 A.3d 686, we affirmed the permits for the project granted by the town development review board and the district environme... More... $0 (01-07-2014 - VT) |
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Sally J. Taylor v. Fletcher Allen Health Care | |
¶ 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) |
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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) |
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Richard S. Daniels v. The Elks Club of Hartford | |
¶ 1. Plaintiff Richard Daniels is seeking foreclosure of a mortgage on two parcels of real property owned by defendant Elks Club of Hartford, Vermont (the Club). Defendant creditors, who include the Vermont Human Rights Commission (VHRC), four individual women, and the Watts Law Firm (Watts), all have junior security interests in the property at issue and oppose foreclosure. Credito... More... $0 (08-03-2012 - VT) |
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Abdullahi Mohamed v. Fletcher Allen Health Care | |
¶ 1. DOOLEY, J. Fletcher Allen Health Care (FAHC) appeals a decision of the Vermont Employment Security Board finding claimant, Abdullahi Mohamed, eligible for unemployment compensation benefits. The Board found that claimantâs discharge for off-duty criminal conduct did not constitute gross misconduct disqualifying him from unemployment compensation benefits under 21 V.S.A. § 1... More... $0 (08-10-2012 - VT) |
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Pamela Lenoci, Administratrix of the Estate of Alexandra Brown v. Kayla Leonard | |
¶ 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 courtâs grant of summary judgment to defendant and conclude she had no duty to intervene to prevent the tragedy that occurred. |
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Judy Mayville v. William Mayville | |
¶ 1. DOOLEY, J. Husband, William Mayville, who was recently laid off from his job, seeks to terminate the spousal maintenance payable to his ex-wife, Judy Mayville, pursuant to a 2003 court order. After husband filed a motion to terminate spousal maintenance, the Chittenden Family Court issued an order requiring him to pay $3000 per monthâthe same amount set forth in the 2003 ord... More... $0 (10-21-2010 - VT) |
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Karen Weiler v. Richard Hooshiari | |
¶ 1. BURGESS, J. Defendant Richard Hooshiari appeals from the trial courtâs decision to grant judgment in favor of his former tenant, plaintiff Karen Weiler. The court found that landlord violated the implied warranty of habitability when heavy snow and ice fell from the roof of tenantâs residence onto her parking place, destroying her car. The court awarded damages measured by... More... $0 (02-10-2011 - VT) |
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Harry Clayton v. Stephen A. Unsworth | |
¶ 1. Harry and Lucille Clayton appeal from the trial courtâs 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 Unsworthâs alleged âwaiverâ of a statute-of-limitations defense in an arbitration proceeding. We affirm... More... $0 (08-26-2010 - VT) |
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Pharmacists Mutual Insurance Company v. Glenn A. Myer, Reggie Cooper and BMG Insurance Company | |
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 Myerâs counterclaims for bad faith and consumer fraud. We affirm the courtâs dismissal of the counterclaims, but reverse its decision on the duty to defend and indemnify, and remand... More... $0 (11-30--0001 - VT) |
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James Turner v. Roman Catholic Dioceses of Burlington, Vermont | |
Defendant Roman Catholic Diocese of Burlington, Vermont appeals an adverse final judgment on the grounds that the superior court erred by (1) granting plaintiff James Turnerâs motion for judgment as a matter of law and setting aside the juryâs finding on the statute of limitationsâ discovery period, (2) failing to dismiss plaintiffâs claim of negligent supervision, and (3) granting a mistr... More... $0 (10-12-2009 - VT) |
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Stamp Tech, Inc. v. Lydall/Thermal Acoustical, Inc. | |
¶ 1. JOHNSON, J. Plaintiff Peter Blair, an injured worker, appeals from two decisions of the Caledonia Superior Court in favor of his empoyer Lydall/Thermal Acoustical, Inc. Plaintiff's arm was crushed by an industrial press while he was working as a temporary employee at Lydall's St. Johnsbury plant. His suit against Lydall was based on two theories. First, plaintiff sought to co... More... $0 (09-04-2009 - VT) |
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Insurance Company of the State of Pennsylvania v. Kerrie A. Johnson | |
We agreed to review the following question certified from the United States District Court for the District of Vermont: âWhether Vermontâs uninsured/underinsured motorist statute, 23 V.S.A. § 941, requires excess liability (or umbrella) policies to provide uninsured/underinsured motorist coverage?â For the reasons set forth below, we conclude that the statute does apply to such policies. |
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Scott Mann and the Estate of Nathan LaBrecque v. Adventure Quest, Inc., d/b/a The Academy at Adventure Quest, and Peter Drutchal, a/k/a Peter Kennedy, a/k/a Peter Drutchal-Kennedy | |
Plaintiffs Scott Mann and the Estate of Nathan LaBrecque appeal from the Windsor Superior Courtâs 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 Questâs school. On appeal, plaintiffs argue that i... More... $0 (11-30--0001 - VT) |
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Northern Security Insurance Company v. Mitec Electronics, Ltd., Mitec Telecom, Inc. and Myer T. Bentob | |
¶ 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). Defendantsâ claims of error fall into three general categories: (1) jurisdictional; (2) the interpretation of a general releas... More... $0 (08-03-2008 - VT) |
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Mary Raynes v. Earl Rogers | |
Defendant appeals from the family court's decision granting plaintiff's request for a final abuse-prevention order. We affirm. 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) |
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Shayne E. Thompson v. Hi Tech Motor Sports, Inc. | |
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) |
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Normand E. Inkel and Brandy Inke v. Pride Chevrolet-Pontiac, Inc., et al. | |
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) |
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James Turner v. Roman Catholic Diocese, et al. | |
James Turner sued Burlington Catholic Diocese on a negligence theory claiming that the Church negligently failed to protect him from being molested by a pedophile priest in 1977 when he was 16-years-old. Plaintiff sought $1 million in damages. Defendant denied fault and asserted the statute of limitations.... More... $0 (12-05-2007 - VT) |
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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) |
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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) |
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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) |
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Joseph J. and Doreen H. Siliski v. Allstate Insurance Company, James J. Guiel, Peggy Dumont and Michael Gannon | |
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) |
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John P. Trotier v. Opal P. Bassett | |
Plaintiff John Trotier appeals from the trial court's denial of two of his motions - one for judgment as a matter of law and the other for a new trial - in this automobile negligence case. On appeal, plaintiff argues that the court erred by not construing certain statements of defendant as judicial admissions, which would have established liability, and by excluding opinion testimony of an exp... More... $0 (08-20-2002 - VT) |
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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) |