6,806 Cases Found
730 A.2d 1086 (1999) | Cited 60 times
... Brueckner v. Norwich University (97-396) On Appeal from Washington Superior Court March Term, 1998 Alan W. Cheever, J. Norwich University appeals from the denial of its post-trial motions for judgment as a matter of law, or in the alternative, for a new trial, following a jury verdict finding it ...
163 Vt. 124 (1994) | Cited 47 times
... DOOLEY, J. This appeal concerns whether National Union Fire Insurance Co. (NUFI) owes its insured, City of Burlington, reimbursement for Burlington's expenses in investigating, defending and settling a suit initiated against it in the Caledonia Superior Court, entitled Moffatt v. City of ...
171 Vt. 401 (2000) | Cited 45 times
... On Appeal from District Court of Vermont Unit No. 3, Washington Circuit Alan W. Cheever, J. To appreciate the realities underlying today's decision, consider the following alternative scenarios based upon the record evidence. Having received a State Police radio dispatch - derived from an unnamed ...
170 Vt. 194 (1999) | Cited 43 times
... Baker v. State (98-032) [Filed 20-Dec-1999] ENTRY ORDER SUPREME COURT DOCKET NO. 98-032 NOVEMBER TERM, 1998 Stan Baker, et al. v. State of Vermont, et al. APPEALED FROM: Chittenden Superior Court DOCKET NO. 1009-97CnC In the above-entitled cause, the Clerk will enter: The judgment of the ...
162 Vt. 250 (1994) | Cited 43 times
... Johnson, J. In this appeal, we review a family court order that transfers custody of the parties' two children from plaintiff father to defendant mother and that completely cuts off all contact between the father and his sons unless he acknowledges abusing them. The basis of the order is the ...
163 Vt. 279 (1995) | Cited 41 times
... MORSE, J. Defendant Christopher Bacon appeals his conviction of being an accessory to the murder of Robin Colson, committed during a burglary of her residence in Newfane, as well as seventeen other convictions associated with the murder. As a result of the felony-murder conviction, he was sentenced ...
163 Vt. 331 (1995) | Cited 40 times
... DOOLEY, J. Defendant Todd Streich was convicted of sexual assault in violation of 13 V.S.A § 3252(a)(1)(A). On appeal, he raises eleven allegations of error which can be consolidated into five main issues: (1) whether the court improperly admitted DNA evidence which linked defendant to the crime ...
162 Vt. 293 (1994) | Cited 39 times
... MORSE, J. Defendant appeals a jury conviction of second-degree murder. The principal issue is how the jury should be instructed when a lesser-included offense supported by the evidence is barred by the statute of limitations. We conclude that, in such a situation, the defendant should have a choice ...
549 A.2d 1382 (1988) | Cited 37 times
... Following a jury trial in District Court, Unit No. 2, Chittenden Circuit, defendant was convicted of sexual assault on a child, in violation of 13 V.S.A. § 3252(3). Defendant appeals his conviction and assigns as error, four points. First, defendant claims that he was denied his right to a speedy ...
721 A.2d 445 (1998) | Cited 36 times
... Following a jury trial, defendant was convicted of aggravated murder, 13 V.S.A. Section 2311(a)(8), and aggravated sexual assault, 13 V.S.A. Section 3253(a)(1), of Christine Grega, his wife. On appeal, defendant challenges his convictions, arguing that the trial court erred by (1) denying ...
163 Vt. 402 (1995) | Cited 36 times
... DOOLEY, J. Plaintiff, Hiyam Kanaan, appeals a decision of the Windham Family Court in the divorce action against her former husband, Hisham Kanaan. Plaintiff alleges that the trial court erred: (1) in its findings regarding the valuation of the parties' individual businesses and their marital home, ...
733 A.2d 733 (1999) | Cited 36 times
... Tarrant v. VT Tax Department (96-608) [Filed 9-Apr-1999] On Appeal from Washington Superior Court September Term, 1997 John P. Meaker, J. The Vermont Department of Taxes appeals a superior court decision holding that taxpayers Richard and Amy Tarrant are entitled to an income tax credit on ...
173 Vt. 202 (2001) | Cited 31 times
... On Appeal from Bennington Superior Court March Term, 2001 Richard W. Norton, J. Plaintiff Ann Mellin challenges the Bennington Superior Court's grant of summary judgment and judgment on the pleadings to defendants Flood Brook Union School District, Flood Brook Union School Board members in their ...
170 Vt. 450 (2000) | Cited 31 times
... Supreme Court On Appeal from Addison Superior Court September Term, 1999 Michael S. Kupersmith, J. his appeal concerns a lawsuit in which landowners allege that the engineering firm they hired breached its duty to properly survey their proposed residential subdivision, thereby causing them to ...
733 A.2d 38 (1999) | Cited 31 times
... In re: Margaret Susan P. (98-145) NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions, Vermont Supreme Court, 109 State Street, Montpelier, ...
817 A.2d 9 (2002) | Cited 30 times
... This is an appeal from the trial court's dismissal of a class action suit brought under the Vermont Consumer Fraud Act (VCFA or the Act), 9 V.S.A. § 2451-80g. Plaintiff, Richard Elkins, alleged that defendant Microsoft Corporation (Microsoft) used its monopoly power to overprice the Windows 98 ...
172 Vt. 204 (2001) | Cited 29 times
... On Appeal from Washington Superior Court December Term, 1999 Matthew I. Katz, J. In this declaratory judgment action, the Washington Superior Court granted summary judgment in favor of Northern Security Insurance Company (Northern Security), holding that Northern Security had no duty to defend ...
163 Vt. 219 (1995) | Cited 28 times
... DOOLEY, J. Plaintiff Carol Shields appeals the dismissal of her actions against the Department of Social and Rehabilitation Services (SRS) and its personnel based on the Vermont Constitution and 42 U.S.C. § 1983. Plaintiff argues that she has a private cause of action for damages under the Vermont ...
724 A.2d 1026 (1998) | Cited 28 times
... On Appeal from Chittenden Superior Court June Term, 1998 Shireen Avis Fisher, J. Defendants, David Nicholson and the law firm of Nicholson & Taylor, P.C., appeal an order of the superior court granting partial summary judgment to plaintiff, estate of Edward Fleming, and an order awarding plaintiff ...
721 A.2d 469 (1998) | Cited 27 times
... On Appeal from Addison Family Court May Term, 1998 Matthew I. Katz, J. Mother appeals from a divorce judgment of the Addison Family Court. She contends the court abused its discretion by: (1) awarding father primary parental rights and responsibilities; (2) limiting her visitation with the ...
171 Vt. 239 (2000) | Cited 25 times
... Defendant Steven Kinney was convicted by a jury on charges of kidnapping, aggravated sexual assault, and lewd and lascivious behavior. He was sentenced to two concurrent terms of forty-years-to-life imprisonment and one concurrent term of four-to-five-years imprisonment. On appeal he argues that ...
726 A.2d 81 (1999) | Cited 25 times
... On Appeal from Windsor Superior Court September Term, 1998 Alan W. Cheever, J. Stuart Richards appeals a Windsor Superior Court order dismissing his Rule 75 appeal of the Town of Norwich Selectboard's decision authorizing an on-site septic system permit for Paul Nowicki. Richards argues that he ...
163 Vt. 83 (1994) | Cited 25 times
... GIBSON, J. Plaintiff Raymond F. Gallipo appeals a grant of summary judgment in favor of defendants City of Rutland and Rutland Fire Chief Gerald Lloyd, and the denial of his motion to disqualify the trial Judge. We affirm summary judgment in part and reverse in part, and we affirm the decision of ...
2004 Vt. 37 (2004) | Cited 25 times
... ¶ 1. This case requires the Court to determine whether a sheriff can be held liable as the employer of a deputy who perpetrates intentional criminal misconduct while on duty. Plaintiff-victim was coerced into performing oral sex by then-Bennington County Deputy Sheriff Richard Forrest (Forrest). ...
716 A.2d 17 (1998) | Cited 25 times
... Supreme Court On Appeal from Chittenden Superior Court December Term, 1997 Linda Levitt, J. Defendant Synergy Group, Inc., doing business as Smith Bell Real Estate, appeals from a superior court judgment in favor of plaintiff Diana Carter. Carter's suit alleged that Smith Bell, through its ...
779 A.2d 67 (2001) | Cited 25 times
... On Appeal from Chittenden Superior Court March Term, 2001 Matthew I. Katz, J. Appellants Springfield Hydroelectric Company, et. al., appeal the superior court's summary judgment ruling on behalf of appellees Lawrence Copp and Jonathan Downer, former employees of Vermont Power Exchange (VPX). ...
170 Vt. 25 (1999) | Cited 24 times
... On Appeal from Windsor Superior Court This is an indemnity case concerning the tragic death of a woman who lost consciousness in a sauna owned and operated by third-party plaintiff Quechee Lakes Landowners' Association. The plaintiff in the underlying action, Anthony White, obtained a $450,000 ...
171 Vt. 19 (2000) | Cited 24 times
... efendants in these two consolidated cases appeal the civil suspension of their driver's licenses. At issue is whether the district court in a civil suspension proceeding may consider the constitutionality of the underlying stop, and, if so, whether the stops in these two cases were lawful. We hold ...
726 A.2d 477 (1998) | Cited 24 times
... Parker v. Town of Milton (97-422) NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions, Vermont Supreme Court, 109 State Street, Montpelier, ...
172 Vt. 239 (2001) | Cited 24 times
... On Appeal from Lamoille Superior Court November Term, 2000 Ben W. Joseph, J. Plaintiff DJ Painting, Inc. appeals three orders of the superior court in favor of defendants Baraw Enterprises, Inc. (Baraw) and E.F. Wall & Associates, Inc (Wall). On appeal, plaintiff argues that the trial court erred ...
172 Vt. 182 (2001) | Cited 24 times
... On Appeal from Washington Superior Court September Term, 2000 David A. Jenkins, J. In this appeal concerning a transition provision of Vermont's school funding law, we confront a familiar dispute in which one side claims the benefit of the common and ordinary meaning of the statutory language, ...
171 Vt. 336 (2000) | Cited 24 times
... On Appeal from Environmental Court September Term, 1998 Merideth Wright, J. In these consolidated appeals, we consider the status of zoning permit applications filed during what we will refer to as the "pendency period" - the period from the date that public notice is given of proposed amended ...
163 Vt. 259 (1995) | Cited 24 times
... MORSE, J. The State appeals from an order of the Rutland District Court granting defendant's motion to suppress evidence that defendant was operating a motor vehicle while intoxicated, 23 V.S.A. § 1201. We affirm. The essential facts are not in dispute. On the afternoon of December 7, 1992, a ...
163 Vt. 245 (1995) | Cited 23 times
... ALLEN, C.J. Defendant appeals his conviction of involuntary manslaughter following a jury trial. We affirm. In May 1986, defendant purchased a home in Burlington that was equipped with a driveway heater. Hot water, heated by gas in the unit's boiler, flowed through a system of pipes beneath the ...
163 Vt. 62 (1994) | Cited 23 times
... MORSE, J. Plaintiffs Bernard and Sandra Denton, and their children Marc and Sara, appeal a summary judgment ruling in favor of defendants Chittenden Bank and Christopher Bishop dismissing their claims of (1) intentional infliction of emotional distress by Bishop; (2) invasion of privacy by Bishop; ...
2004 Vt. 4 (2004) | Cited 22 times
... ¶ 1. Defendant Elsie Oscarson appeals from her conviction of two counts of aggravated sexual assault against two of her children. She argues that the trial court erred in (1) admitting hearsay testimony of one of the putative child victims even though that child was not "available to testify in ...
737 A.2d 900 (1999) | Cited 22 times
... Perry v. VT Medical Practice Board (98-270) On Appeal from Washington Superior Court April Term, 1999 Matthew I. Katz, J. Robert Perry appeals from a superior court judgment upholding the authority of the Board of Medical Practice to deny Perry's motion to withdraw his medical-license ...
721 A.2d 475 (1998) | Cited 22 times
... State of Vermont v. Kenneth Fuller September Term, 1997 On Appeal from District Court of Vermont, Unit No. 1, Rutland Circuit Theresa S. DiMauro, J Defendant Kenneth Fuller appeals his conviction for aggravated sexual assault of his step-son in violation of 13 V.S.A. § 3253(a)(9). Defendant ...
730 A.2d 601 (1999) | Cited 21 times
... Brennan v. Town of Colchester (98-219) [Filed 9-Apr-1999] On Appeal from Chittenden Superior Court January Term, 1999 Linda Levitt, J. Defendant Town of Colchester appeals the decision of the Chittenden Superior Court granting a preliminary injunction to reinstate plaintiffs Patrick Brennan and ...
712 A.2d 907 (1998) | Cited 21 times
... The Town of Shoreham appeals the Environmental Court's ruling that two adjoining parcels of land owned by appellees Lloyd and Elizabeth Weeks are exempt from the Town's minimum lot size requirement and therefore may be developed separately. The Environmental Court found that, although the two ...
163 Vt. 53 (1994) | Cited 20 times
... ALLEN, C.J. Defendant appeals from a district court judgment denying its pretrial motion to dismiss the information for failure to charge a crime under Vermont's Waste Management Act, 10 V.S.A. §§ 6601-6632. Defendant also appeals the criminal fines as excessive. We affirm. Defendant, a ...
734 A.2d 524 (1999) | Cited 20 times
... State v. Couture (97-426) NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions, Vermont Supreme Court, 109 State Street, Montpelier, Vermont ...
164 Vt. 399 (1995) | Cited 20 times
... [Motion for Reargument Denied 5-Dec-1995] Plaintiff sued his insurer, defendant Allstate Insurance Company, for bad-faith failure to pay his underinsured motorist claim, following an automobile accident in which the other driver's insurance covered only part of plaintiff's damages. He appeals from ...
779 A.2d 1264 (2001) | Cited 19 times
... On Appeal from Environmental Board May Term, 2000 Marcy Harding, Chair Applicant Lawrence White appeals two decisions of the Environmental Board regarding permits governing activities on a piece of property owned by White in the Town of Danby. The first decision revoked five Act 250 permits ...
162 Vt. 91 (1994) | Cited 19 times
... DOOLEY, J. This is an appeal taken by plaintiff-mother Gail deBeaumont from a modification order of the Orange Family Court that shifted parental rights and responsibilities of the parties' children from Ms. deBeaumont to the defendant-father, Mark Goodrich. We affirm. The parties were married for ...
807 A.2d 390 (2002) | Cited 19 times
... Appellant Sharon Dulude appeals a ruling of the Chittenden Superior Court granting Fletcher Allen Health Care's (FAHC) motion for summary judgment on claims of breach of contract, promissory estoppel, discharge in violation of public policy, intentional infliction of emotional distress (IIED), and ...
171 Vt. 144 (2000) | Cited 19 times
... On Appeal from Lamoille Superior Court September Term, 1999 Defendants Stowe Club Highlands, Robinson Springs Partnership, and Robinson Springs Corp., appeal from a jury verdict finding them liable to plaintiffs Thomas Murphy and Carol Presley for breach of contract and awarding them $53,000 in ...
172 Vt. 14 (2001) | Cited 19 times
... On Appeal from Public Service Board March Term, 1999 Richard H. Cowart, Chair Central Vermont Public Service Corporation (CVPS) brings this interlocutory appeal from a decision of the Public Service Board holding that it may consider in a rate case whether the cost of power CVPS purchases from ...
162 Vt. 342 (1994) | Cited 19 times
... ALLEN, C.J. Defendant Kirk Wool appeals his conviction on two counts of aggravated sexual assault, 13 V.S.A. § 3252(a)(1), 3253(a)(3), following a jury trial. We affirm. At trial, the victim testified as follows. A few minutes past midnight on January 18, 1992, she was walking the short distance ...
171 Vt. 94 (2000) | Cited 18 times
... On Appeal from Chittenden Superior Court March Term, 1999 Linda Levitt, J. Defendants appeal from a summary judgment of the Chittenden Superior Court enforcing plaintiffs' right to the use and enjoyment of certain improvements located in a common beach area on defendants' property, and requiring ...
732 A.2d 127 (1999) | Cited 18 times
... Kipp v. Chips Estate NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions, Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801 ...
2004 Vt. 15 (2004) | Cited 18 times
... ¶ 1. In this workplace gender discrimination case brought under the Vermont Fair Employment Practices Act, 21 V.S.A. §§ 495-496, plaintiff Lynne Robertson appeals the superior court's grant of summary judgment in favor of defendants Mylan Laboratories, Inc., Bertek, Inc., and Sharad Govil. ...
572 A.2d 1382 (1990) | Cited 18 times
... The superior court granted plaintiff's motion for summary judgment, holding that plaintiff was entitled to a sales commission on the sale of defendant's aircraft. Defendant appeals, claiming two errors: (1) the trial court could not render a valid judgment because it lacked personal jurisdiction ...
165 Vt 611 (1996) | Cited 18 times
... Opinion Filed 6-Aug-1996 [Motion for Reargument Denied 4-Sep-1996] ENTRY ORDER MARCH TERM, 1996 In the above-entitled cause, the Clerk will enter: After a jury verdict in favor of plaintiff John P. Gifford, defendant Sun Data, Inc. moved for judgment notwithstanding verdict on claims of ...
725 A.2d 920 (1999) | Cited 18 times
... NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions, Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801 of any errors in order ...
170 Vt. 12 (1999) | Cited 18 times
... Russel Corp. v. Bohlig (98-014) On Appeal from Rutland Superior Court January Term, 1999 Silvio T. Valente, J. Former employee James Bohlig appeals from a jury verdict on his counterclaim for breach of an employment contract by his former employer, the John A. Russell Corporation. Mr. Bohlig ...
171 Vt. 290 (2000) | Cited 18 times
... On Appeal from District Court of Vermont, Unit No. 1, Rutland Circuit March Term, 1999 Francis B. McCaffrey, J. Defendant, Ronald Bean, appeals from a conviction for kidnapping and violation of an abuse prevention order, arising out of an incident on February 18, 1993 in which he restrained, ...
163 Vt. 8 (1994) | Cited 18 times
... ALLEN, C.J. Defendant Rebecca Durenleau appeals her conviction following a jury trial for the first-degree murder of her husband, Michael Durenleau. Defendant contends that the State failed to present sufficient evidence to establish her guilt beyond a reasonable doubt. We agree and reverse. ...
726 A.2d 31 (1998) | Cited 18 times
... NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions, Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801 of any errors in order ...
161 Vt. 314 (1994) | Cited 17 times
... DOOLEY, J. Plaintiff sued defendants, Buttura & Sons, Inc., and its life insurance carrier, American Bankers Life Assurance Company of Florida, to recover additional compensation on a life insurance policy provided to her deceased husband, Stuart Abbiati, by Buttura & Sons, as part of his employee ...
2004 Vt. 29 (2004) | Cited 17 times
... ¶ 1. Plaintiff, D. Michael Fromson, appeals two rulings by the Caledonia Superior Court in favor of defendants, Vermont Department of Corrections and Celeste M. Girrell, Superintendent of the Northeast Regional Correctional Center: (1) grant of defendants' motion for summary judgment dismissing ...
163 Vt. 360 (1995) | Cited 17 times
... Per Curiam. Today, we consider whether use of the term "review de novo" in the recently approved bail amendment to the Vermont Constitution (Proposal 7) and related legislation, 13 V.S.A. § 7556(d), requires a Justice of this Court, when reviewing a district court's decision denying bail, to ...
587 A.2d 933 (1990) | Cited 17 times
... Defendant Jane Wheel, a former assistant Judge in Chittenden Superior Court, appeals a jury conviction on three counts of false swearing, in violation of 13 V.S.A. § 2904. 1 We affirm. Defendant was a Chittenden County assistant Judge from 1975 to 1987. On November 14, 1985, the attorney general ...
769 A.2d 690 (2001) | Cited 17 times
... On Appeal from Addison Superior Court Dean B. Pineles, J. November Term, 2000 his appeal from a grant of summary judgment to plaintiffs arises from a dispute involving the sale of a Vermont business which began operation when Mozart was three years old. In early 1997, defendant James Bullard ...
171 Vt. 171 (2000) | Cited 17 times
... On Appeal from Chittenden Superior Court December Term, 1999 Matthew I. Katz, J. Plaintiffs Keith and Patricia Sorge appeal a Chittenden Superior Court order dismissing their action against the Department of Social and Rehabilitation Services (SRS) for negligent supervision and control of a minor ...
173 Vt. 390 (2002) | Cited 17 times
... On Appeal from Chittenden Superior Court September Term, 2001 Matthew I. Katz, J. Plaintiff Katherine Powers appeals from a superior court judgment dismissing her claims against defendants State of Vermont, Office of Child Support ("OCS"), and eleven of its current and former employees for failure ...
732 A.2d 722 (1999) | Cited 17 times
... State v. Koveos (98-248) On Appeal from District Court of Vermont, Unit No. 2, Chittenden Circuit September Term, 1998 James R. Crucitti, J. Defendant appeals from a judgment entered in the Chittenden District Court on a jury verdict finding him guilty of lewd or lascivious conduct with a child ...
816 A.2d 448 (2002) | Cited 17 times
... Plaintiff Springfield Terminal Railway Company ("STR") appeals from the superior court's grant of summary judgment in favor of defendant Vermont Agency of Transportation ("VTrans"). STR argues that the superior court improperly granted summary judgment by incorrectly interpreting 1 V.S.A. § ...
174 Vt. 377 (2002) | Cited 17 times
... Defendant Bernard Lipka appeals from a judgment of conviction, based on a jury verdict, of two counts of sexual assault of a minor in violation of 13 V.S.A. § 3252(a)(3), and one count of lewd and lascivious conduct with a child in violation of 13 V.S.A. § 2602. Defendant contends the trial court ...
161 Vt. 472 (1994) | Cited 17 times
... DOOLEY, J. Plaintiffs Joseph C. Benning, the Northeast Kingdom Chapter of Freedom of the Road, and the parent organization Freedom of the Road appeal from a decision of the Caledonia Superior Court dismissing plaintiffs' request for declaratory and injunctive relief from 23 V.S.A. § 1256, the ...
719 A.2d 415 (1998) | Cited 17 times
... NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions, Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801 of any errors in order ...
732 A.2d 730 (1999) | Cited 16 times
... State Farm Mutual Auto Insurance Co. v. Powers (98-068) [Filed 9-Apr-1999] On Appeal from Chittenden Superior Court November Term, 1998 Linda Levitt, J. This declaratory judgment action involves a dispute regarding how to apportion damages among three insurance carriers providing ...
170 Vt. 387 (2000) | Cited 16 times
... Francis B. McCaffrey, J. Defendant appeals from a conviction for first-degree murder. He claims that the trial court erred in failing to suppress evidence seized in a consent search after he had invoked his right to counsel and to remain silent. He also argues that the evidence should have been ...
725 A.2d 904 (1998) | Cited 16 times
... NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions, Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801 of any errors in order ...
170 Vt. 547 (1999) | Cited 16 times
... ENTRY ORDER In the above-entitled cause, the Clerk will enter: Plaintiff Gail Stickney appeals a reduction of the maintenance award she received in 1991 following her divorce from defendant Peter Stickney. She argues that the trial court erred in finding that there existed a change in ...
782 A.2d 1187 (2001) | Cited 16 times
... On Appeal from District Court of Vermont, Unit No. 2, Rutland Circuit May Term, 2001 Theresa S. DiMauro, J. Defendant Robert White appeals his conviction for second degree murder following a jury trial in Rutland District Court, and the subsequent imposition of a sentence of life in prison without ...
171 Vt. 562 (2000) | Cited 16 times
... ENTRY ORDER In the above-entitled cause, the Clerk will enter: In this negligence action, plaintiffs appeal the Orleans Superior Court's grant of summary judgment to defendant State of Vermont Agency of Transportation. Plaintiffs claimed the State was under a duty to maintain a sign warning of a ...
736 A.2d 780 (1999) | Cited 16 times
... N.A.S. Holdings v. Pafundi (98-044) NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions, Vermont Supreme Court, 109 State Street, Montpelier, ...
170 Vt. 96 (1999) | Cited 16 times
... Knight v. Rower (98-400 & 98-485) On Appeal from Orange Superior Court May Term, 1999 Shireen Avis Fisher, J. (98-400) John P. Meaker, J. (98-485) Plaintiffs appeal from two superior court decisions dismissing their negligence action against defendants for failure to state a claim upon which ...
170 Vt. 422 (2000) | Cited 16 times
... On Appeal from Franklin Superior Court April Term, 1999 David A. Jenkins, J. Plaintiff Judy McKinnon is a Canadian citizen who was injured near her home in Quebec when she fell off a bicycle her sister-in-law had purchased for her son in Vermont. She appeals the superior court's denial of her ...
274 A.2d 504 (1971) | Cited 15 times
... In response to a petition from the respondent, the Windsor County Court set aside the original sentence imposed on conviction of a violation of 18 V.S.A. § 4224(d) , a felony. That sentence called for a term of 15 to 19 months in the house of correction, and a $2000 fine, or an additional 2000 days ...
738 A.2d 571 (1999) | Cited 15 times
... Secretary, VT Agency of Natural Resources v. Irish (97-509) [Filed 25-Jun-1999] On Appeal from Environmental Court January Term, 1999 Merideth Wright, J. Defendant Frank Irish appeals from an Environmental Court decision that certain excavation work on his property was in violation of the ...
170 Vt. 281 (2000) | Cited 15 times
... On Appeal from Windham Superior Court April Term, 1999 Richard W. Norton, J. Defendant Ford Motor Company appeals from a Windham Superior Court jury verdict awarding plaintiff James Ulm $1.25 million for injuries he sustained as a passenger in a Ford Bronco where the claimed cause of injury was ...
719 A.2d 399 (1998) | Cited 15 times
... State v. Forant (97-386) On Appeal from District Court of Vermont Unit No. 3, Lamoille Circuit May Term, 1998 Alan W. Cook, J. Defendant appeals his conviction and sentence for the domestic assault of his wife. Defendant claims that (1) the trial court committed plain error when, while ...
163 Vt. 575 (1995) | Cited 15 times
... On Appeal from Windham Family Court January Term, 1995 Paul F. Hudson, J. Defendant Danny Jakab appeals the Windham Family Court's decision in the divorce action brought by plaintiff Paula Jakab. Defendant raises three arguments on appeal: (1) that the trial court erred by taking judicial notice ...
720 A.2d 1101 (1998) | Cited 15 times
... 1.. In denying a renewed motion to suppress at trial, the trial court concluded that the stop was justified on a different basis, to wit, the caller's report of a domestic disturbance. Contrary to a suggestion by the Dissent, however, the record reveals no conflict between the findings of the two ...
712 A.2d 887 (1998) | Cited 15 times
... Mary Metcalf appeals an Addison Family Court divorce order in which legal rights and responsibilities for her two minor children were divided between herself and her former husband, Charles Shea. The family court granted legal responsibility for decisions concerning the children's medical care and ...
726 A.2d 483 (1999) | Cited 15 times
... NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions, Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801 of any errors in order ...
171 Vt. 50 (2000) | Cited 15 times
... On Appeal from Rutland Family Court April Term, 2000 Mary Miles Teachout, J. laintiff-mother Deanna Payrits appeals a Rutland Family Court decision granting sole parental rights and responsibilities for their children to defendant-father Scott Payrits. Mother contends that the court erred by (1) ...
783 A.2d 423 (2001) | Cited 15 times
... ENTRY ORDER Original Jurisdiction In the above-entitled cause, the Clerk will enter: The Professional Responsibility Board's recommendation that petitioner be reinstated as a member of the Vermont Bar is accepted. The suspension is lifted as of the date of this order. John A. Dooley, Associate ...
2003 Vt. 64 (2003) | Cited 15 times
... PRESENT: Amestoy, C.J., Dooley and Skoglund, JJ., and Allen, C.J. (Ret.) and Gibson, J. (Ret.), Specially Assigned ¶ 1. Stephen L. Smith, plaintiff in this medical malpractice action, appeals from a summary judgment of the Windsor Superior Court in favor of defendant Thomas Parrott, M.D. Plaintiff ...
163 Vt. 175 (1995) | Cited 15 times
... ALLEN, C.J. Plaintiffs, Joan Beauchemin and the State of Vermont, appeal from summary judgment dismissing their handicapped discrimination claim against Beauchemin's former employer, defendant G.S. Blodgett Company. We affirm. Defendant manufactures ovens at its Burlington, Vermont facility where ...
174 Vt. 200 (2002) | Cited 15 times
... laintiffs 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 ...
169 Vt. 529 (1999) | Cited 15 times
... ENTRY ORDER Plaintiffs Hugh and Morgan McGee appeal from the superior court's decision granting defendant Vermont Federal Bank's motion for judgment on the pleadings pursuant to V.R.C.P. 12(b)(6). On appeal, the McGees claim that Vermont Federal Bank (Bank) breached a common law and fiduciary duty ...
721 A.2d 438 (1998) | Cited 15 times
... NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions, Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801 of any errors in order ...
162 Vt. 51 (1994) | Cited 15 times
... ALLEN, C.J. Following termination of his employment, plaintiff Mark Baldwin sued his employer, defendant Upper Valley Services, Inc. (UVS), on numerous grounds. He appeals from an order granting defendant a directed verdict on a claim of wrongful discharge, and granting summary judgment to ...
724 A.2d 454 (1998) | Cited 15 times
... Carr v. Peerless Insurance Co. (97-404) On Appeal from Addison Superior Court June Term, 1998 Matthew I. Katz, J. Plaintiff Gregory Carr appeals from a judgment entered in the Addison superior court declaring that neither defendant Peerless Insurance Company nor defendant New England Acceptance ...
711 A.2d 1163 (1998) | Cited 15 times
... efendant/landowner Paul Dunkling appeals the Chittenden Superior Court's grant of plaintiff/cross-appellant Town of Hinesburg's summary judgment motion and grant of Town's request for a mandatory injunction and fine for noncompliance with a town zoning by-law. Landowner contends that: (1) Town's ...
716 A.2d 11 (1998) | Cited 15 times
... Defendant appeals his jury conviction of aggravated domestic assault, 13 V.S.A. Section 1043(a)(2), claiming that the court erred by (1) permitting the State to introduce "prior bad acts" evidence without giving defendant proper notice, (2) admitting evidence that defendant had assaulted the victim ...
174 Vt. 503 (2002) | Cited 15 times
... ENTRY ORDER In the above-entitled cause, the Clerk will enter: Plaintiff Starr Farm Beach Campowners Association, Inc. instituted this action in Chittenden superior court, seeking to eject defendants John J. Boylan and Kathleen M. Boylan from property at Starr Farm Beach. Defendants appeal the ...