Vermont Intentional Tort Law
<h1> United States of America v. Loren Senna, III </h1></h1>
<font color="red"><b><h2><center> Burlington, Vermont criminal defense lawyer represented the Defendant charged with intent to distribute cocaine base and being a felon in possession of ammunition </font/color="red"></b></center></i></i><b><center></i><br> <b> </b> Burlington Man Who Committed Shooting Sentenced to 10-Year Prison Term</h2></center></b></b> </h2></center></b><br> <br> Lor... More...
$0 (02-20-2025 - VT)<h1> United States of America v. Loren Senna, III </h1>
<font color="red"><b><h2><center> Burlington, Vermont criminal defense lawyer represented the Defendant charged with Committing \\Shooting </font/color="red"></b></center></i></i><b><center></i><br> <b> </b> Burlington Man Who Committed Shooting Sentenced to 10-Year Prison Term </h2></center></b></b> </h2></center></b><br> <br> The United States Attorney's Office for the District of V... More...
$0 (02-20-2025 - VT)<h1> United States of America v. Loren Senna, III </h1>
<font color="red"><b><h2><center> Burlington, Vermont criminal defense lawyer represented the Defendant charged with possessing with intent to distribute cocaine base and being a felon in possession of ammunition. </font/color="red"></b></center></i></i><b><center></i><br> <b> </b> Burlington Man Who Committed Shooting Sentenced to 10-Year Prison Term</h2></center></b></b> </h2></cente... More...
$0 (02-20-2025 - VT)<H2> Bruce E. Merritt v. Ethan Darling </H2>
Rutland, Vermont personal injury lawyer represented Plaintiff, who sued Defendant on a premises liability negligence theory claiming to have suffered injuries and/or damages as a direct result of an accident caused by Defendant.<br> <br> The elements of a personal injury claim are: (1) Failure on the part of the Defendant to exercise due care, (2) damages and/or injuries caused to Plaintiff, and ... More...
$0 (11-16-2022 - VT)<H2> Reilly Lanphear v. Texas Roadhouse Holdings, LLC </H2>
Burlington, Vermont personal injury premises liability lawyer represented Plaintiff, who sued Defendant on a negligence theory claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of an accident in on of Defendant's restaurants.<br> <br> The elements of a personal injury claim are: (1) Failure on the part of the Defendant to exercise due care, (2) damages and/o... More...
$1 (11-30-2022 - VT)United States of America v. Veronica Lewis
Burlington, Vermont criminal defense lawyer represented Defendant, Vernoica Lewis, 37, of Worchester, Vermont, was charged with Interference with Commerce by Robbery and Possession of a Stolen Firearm. <br> <br> On June 29, 2015, Lewis intentionally fired three rounds from a revolver at D.M. during a firearms lesson at a business in Westford, Vermont. After shooting D.M. in the face and abdomen... More...
$0 (05-28-2021 - VT)State of Vermont v. Liana M. Roy <table> <td>
The central question in this case is whether a parent may be <br> convicted of custodial interference under 13 V.S.A. § 2451 for interfering with the custody of the <br> Department for Children and Families (DCF) in the absence of a court order specifying the <br> schedule and limitations of the parent’s visitation. Defendant Liana Roy was convicted of <br> custodial interference for taking h... More...
$0 (07-09-2018 - VT)State of Vermont v. Jasen Suhr <table> <td>
Defendant appeals the trial court’s decision that he violated the <br> terms of his juvenile probation by failing to attend school, comply with his GPS-monitoring <br> requirements, and participate in a Restorative Justice Panel. Defendant also appeals the trial <br> court’s decision to revoke his youthful-offender status based on these violations. We affirm in <br> part and reverse and rem... More...
$0 (04-28-2018 - VT)State of Vermont v. David G. Buckley
Defendant’s claims of error require a detailed review of the evidence presented at <br> trial. The incident giving rise to these charges transpired on May 17, 2014, on defendant’s <br> property in Bennington, Vermont. The property is located across the street from the police <br> station, and it is bisected by two public roads. Defendant lives on the property with his brother, <br> Peter Bu... More...
$0 (05-29-2016 - VT)State of Vermont v. Atlantic Richfield Company, et al.
This interlocutory appeal calls upon us to decide whether V.S.A. § 462 creates an exemption from the general six-year limitation for the State of Vermont’s claims against a host of defendants for generalized injury to state waters as a whole due to groundwater contamination from gasoline additives. On the basis of the statute of <br> limitations, the trial court dismissed the State’s claim... More...
$0 (05-29-2016 - VT)State of Vermont v. James Anderson
On September 18, 2003, defendant was convicted of sexual assault of a minor in <br> violation of 13 V.S.A. § 3252(a). He received a sentence of nineteen to twenty years, all <br> suspended except eleven years. The sentencing court indicated that the split sentence was <br> intended to deliver a “severe sanction” while giving defendant an option to make good on what <br> he claimed was remor... More...
$0 (04-22-2016 - VT)Synecology Partners L3C v. Business RunTime, Inc., et al.
In 2008, SynEcology’s founders, Edward Grossman and Jeanne Conde, sold the <br> company’s assets to Lawrence Kenney. Grossman and Conde subsequently started a new <br> software company, Business RunTime. In August 2011, SynEcology filed a civil complaint in <br> Chittenden Superior Court against Business RunTime, Edward Grossman, Jeanne Conde, and <br> two former SynEcology employees, Thoma... More...
$0 (03-04-2016 - VT)State of Vermont v. Thomas Bryan
Defendant, Thomas Bryan, appeals from the criminal <br> division’s denial of his motion to withdraw counsel and order finding him in violation of his <br> probation. The critical question in this case is whether sexually touching a minor violates a <br> probation condition prohibiting violent or threatening behavior. We hold that defendant’s act <br> constitutes violent behavior and we affi... More...
$0 (02-13-2016 - VT)State Of Vermont v. Latonia Cong
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)Neil and Patricia Whitney v. Vermont Mutual Insurance Company
This case calls upon us to apply a “pollution exclusion” in an insurance policy for the second time in a year. Plaintiffs Neil and Patricia Whitney assert that damage to their home and personal property resulting from the spraying within their home of a pesticide known as chlorpyrifos is covered by their homeowners policy. Defendant Vermont <br> Mutual Insurance Company (Vermont Mutual) argu... More...
$0 (12-27-2015 - VT)Nichols v. LaPlante
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 file... More...
$0 (12-03-2015 - VT)James LeBlanc, Christine LeBlanc Fortin, David LeBlanc and Herman LeBlanc v. Robert E. Snelgrove
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 <br> trespass. The neighbors challenge the trial cou... More...
$0 (10-25-2015 - VT)Timothy Terry and Penny Terry v. William O'Brien and Susan Cain O'Brien
In the early 1980s, landlords William and Susan O’Brien purchased the subject <br> property, which is located in the Old North End of Burlington and includes a two-story house <br> and brick building (referred to as the creamery) with a common wall to the rear of the house. <br> The creamery has no fixtures and has never been inhabited. After landlords purchased the <br> property in 1982, the ... More...
$0 (10-24-2015 - VT)Kenneth P. Felis v. Downs Rachlin Martin, PLLC, and Gallagher, Flynn & Company, LLP
This case arises out of a divorce proceeding between plaintiff <br> Kenneth Felis and his former wife, Vicki Felis. Defendant Downs Rachlin Martin, PLLC <br> (DRM) represented Ms. Felis in the divorce proceeding, and defendant Gallagher, Flynn & <br> Company, LLP (GFC) was retained by DRM on behalf of Ms. Felis to prepare business <br> valuations related to the proceeding. Plaintiff appeals the ... More...
$0 (10-24-2015 - VT)Timothy Terry and Penny Terry v. William O'Brien and Susan Cain O'Brien
In the early 1980s, landlords William and Susan O’Brien purchased the subject <br> property, which is located in the Old North End of Burlington and includes a two-story house <br> and brick building (referred to as the creamery) with a common wall to the rear of the house. <br> The creamery has no fixtures and has never been inhabited. After landlords purchased the <br> property in 1982, the... More...
$0 (10-23-2015 - VT)Mark Whiting v. James Lillicrap, et al., ,
Plaintiff Mark Whiting is a pretrial detainee currently in in the custody and <br> control of Defendant Vermont Department of Corrections (the “Department”), who <br> is incarcerated at Northern State Correctional Facility (“NSCF”). Plaintiff is <br> awaiting trial on twelve criminal charges in a case pending in the Criminal Division <br> of this Unit, Docket No. 566-10-13 Oscr. The char... More...
$0 (10-21-2015 - VT)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)Adam Cate v. City of Burlington
¶ 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 allowed... More...
$0 (08-02-2013 - VT)Jamie Clarke v. Joseph Abate, M.D.
¶ 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)Doreen Carpentier v. Douglas Tuthill and Town of Hartford Town Clerk
¶ 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.<br><br>¶ 2. ... More...
$0 (10-04-2013 - VT)Janet Knutsen v. David M. Dion
¶ 1. DOOLEY, J. Plaintiff Janet Knutsen appeals the decision of the superior court denying her motion for summary judgment and granting defendant Vermont Association of Realtors, Inc.'s (VAR) motion for summary judgment on her consumer fraud claim arising out of her purchase of a home in Moretown. Plaintiff argues that VAR's form purchase and sale agreement, which was used in her r... More...
$0 (11-08-2013 - VT)Thomas R. Baptie v. Jonathan Bruno and Aron McNeil
¶ 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 against... More...
$0 (12-06-2013 - VT)Long Trail House Condominium Association v. Engelberth Construction, Inc.
¶ 1. SKOGLUND, J. This litigation stems from the construction of a 143-unit condominium complex known as the Long Trail House at Stratton Mountain, Vermont. Plaintiff Long Trail House Condominium Association appeals from the trial court's order granting summary judgment to defendant general contractor Engelberth Construction, Inc. on its complaint. The Association argues that the ... More...
$0 (09-28-2012 - VT)Eitan Sobel and Vered Sobel v. City of Rutland
¶ 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)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)Kayla L. Eaton v. Leroy E. Prior
¶ 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 Rober... More...
$0 (07-27-2012 - VT)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)David Shaddy v. Brattleboro Retreat
¶ 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 allega... More...
$0 (08-10-2012 - VT)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 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)Andrew V. Kennery v. State of Vermont
¶ 1. DOOLEY, J. Plaintiff Andrew Kennery, on behalf of the estate of Gladys Kennery, appeals the decision of the Windham Superior Court granting the State of Vermont's motion for summary judgment on plaintiff's complaint alleging negligence, gross negligence, and civil rights violations against the State of Vermont, Vermont State Troopers Travis Valcourt and Francis LaBombard, III, a... More...
$0 (11-23-2011 - VT)Anne Stoher v. Springfield Medical Care Systems, Inc.
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)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 court's grant of summary judgment to defendant and conclude she had no duty to intervene to prevent the tragedy that occurred. <br><br>¶ 2. ... More...
$0 (04-21-2011 - VT)Northern Security Insurance Company, Inc. v. Susan Durenleau Stanhope, Jesse Durenleau, Helene Parah and Augustin Parah, Jr.
¶ 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 Stev... More...
$0 (10-08-2010 - VT)Bonnie Lussier, Administrator of the Estate of Rejean Lussier v. Anthony Bessette, Rene Lussier and Adam Reed
¶ 1. REIBER, C.J. The trial court granted summary judgment in favor of defendants in this wrongful death action. On appeal, plaintiff argues the trial court erred in holding that defendants were not subject to concerted action liability for their participation in a hunt which culminated in the death of Rejean Lussier. We affirm.<br><br>¶ 2. Summary judgment is appropr... More...
$0 (11-19-2010 - VT)Karen Weiler v. Richard Hooshiari
¶ 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 the... More...
$0 (02-10-2011 - VT)