Defendant appeals the trial court’s decision that he violated the
terms of his juvenile probation by failing to attend school, comply with his GPS-monitoring
requirements, and participate in a Restorative Justice Panel. Defendant also appeals the trial
court’s decision to revoke his youthful-offender status based on these violations. We affirm in
part and reverse and remand ... More...    $0 (04-28-2018 - 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)

On September 18, 2003, defendant was convicted of sexual assault of a minor in
violation of 13 V.S.A. § 3252(a). He received a sentence of nineteen to twenty years, all
suspended except eleven years. The sentencing court indicated that the split sentence was
intended to deliver a “severe sanction” while giving defendant an option to make good on what
he claimed was remorse an... More...    $0 (04-22-2016 - VT)

In 2008, SynEcology’s founders, Edward Grossman and Jeanne Conde, sold the
company’s assets to Lawrence Kenney. Grossman and Conde subsequently started a new
software company, Business RunTime. In August 2011, SynEcology filed a civil complaint in
Chittenden Superior Court against Business RunTime, Edward Grossman, Jeanne Conde, and
two former SynEcology employees, Thomas Re... More...    $0 (03-04-2016 - 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)

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)

¶ 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. 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 attorney’s fees, and construing a provision in the final divorce order distributing the parties’ retirement accounts, including husband’s 401k account,[2] which decreased in value substantially before it could be divided be... More...    $0 (09-13-2013 - VT)

¶ 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)

¶ 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. 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)

¶ 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)

¶ 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 claimant’s 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)

¶ 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. 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 month—the same amount set forth in the 2003 ord... More...    $0 (10-21-2010 - VT)

¶ 1. BURGESS, J. Defendant Richard Hooshiari appeals from the trial court’s 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 tenant’s residence onto her parking place, destroying her car. The court awarded damages measured by... More...    $0 (02-10-2011 - 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)

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)

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 Turner’s motion for judgment as a matter of law and setting aside the jury’s finding on the statute of limitations’ discovery period, (2) failing to dismiss plaintiff’s claim of negligent supervision, and (3) granting a mistr... More...    $0 (10-12-2009 - VT)

¶ 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)

We agreed to review the following question certified from the United States District Court for the District of Vermont: “Whether Vermont’s 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.More...    $0 (08-21-2009 - 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. 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)

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)

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)

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)

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

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)

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 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)

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)