Justia Injury Law Opinion Summaries

Claimant Kimberly Haller was an employee of Champlain College when she suffered a work-related injury. Claimant had taken numerous courses at Champlain College pursuant to its “Tuition Benefits” policy. In the twenty-six weeks prior to her injury, claimant completed over ten credits of classwork at the College. The issue presented to the Department of Labor on cross-motions for summary judgment was whether the value of these tuition benefits should be included in the calculation of claimant’s average weekly wage for the purposes of her permanent partial disability benefit. The Commissioner concluded the tuition benefits was an “other advantage” that constituted part of claimant’s wages. The College argued on appeal the tuition benefit was not an "other advantage," nor did it amount to "remuneration" as defined in the applicable workers' compensation laws. The Vermont Supreme Court agreed with the Commissioner that where the non-health-insurance benefits at issue had actual monetary value and were actually received by the employee, they fell within the broad “other advantages” language. The Court concluded the Commissioner's determination was not unreasonable and affirmed. View "Haller v. Champlain College" on Justia Law

J.C. Penney Corporation (employer) sought interlocutory review of the Commissioner of the Department of Labor’s denial of its motion for summary judgment in this workers’ compensation matter. Specifically, employer argued that the Commissioner lacked authority to invalidate an approved settlement agreement that the parties entered into pursuant to a previous claim. Brandy Clayton (claimant) has worked for employer for several years as a hair stylist. In February 2011, she filed a workers’ compensation claim for heel and arch pain in her left foot after suffering a work-related injury in March 2010 described as a result of standing all day on the job. Employer accepted the claim as compensable. Under the terms of the agreement, claimant received a lump sum payment “in full and final settlement of all claims for any and all benefits, injuries, diseases, illnesses, conditions, and/or symptoms and any and all sequelae allegedly sustained as a result of” her March workplace injury. The agreement included a clause stating that it was “intended to be a general release of all claims of the employee against the employer and the insurance carrier arising from employee’s employment with employer.” On March 17, 2015, approximately six months after the settlement was approved, claimant filed a new notice of injury, this time alleging a March 10, 2015 injury to her right foot. Employer filed a form denial on March 26, 2015, stating that claimant’s new, right-foot claim was denied as a preexisting condition and unrelated to employment. Employer also filed a letter with the Department, arguing that the claim should be dismissed for two reasons: first, that it was barred by the prior settlement agreement; and second, because the right-foot claim was reasonably discoverable and apparent at the time the settlement agreement was executed. Claimant appealed employer’s denial of her claim. The sole issue before the Commissioner was whether the parties’ September 2014 settlement agreement barred claimant’s second claim for workers’ compensation benefits. he Commissioner found that the settlement agreement “convey[ed] a clear and unambiguous message” and that the terms in the settlement agreement that released employer from claims related to the March 26, 2010 injuries were valid and enforceable. However, the Commissioner voided the remainder of the settlement agreement on public policy grounds. The Vermont Supreme Court agreed the Commissioner lacked authority to void the parties’ settlement agreement on public policy grounds, and reversed. View "Clayton v. J.C. Penney Corporation" on Justia Law

Defendant Hector LeClair, plaintiff Joseph LeClair’s grandfather, was experienced in construction and has developed several properties around the Vermont. In 2011, defendant approached his son, Ricky LeClair, who also worked in construction, about replacing the roof on the building in which defendant had his office. Defendant’s son, Ricky, then approached his twenty-seven-year-old son, plaintiff, about working on defendant’s roofing project. Plaintiff had also worked in construction and was an experienced roofer, but was unemployed at the time. Plaintiff’s father told him he would make “good money” for working on defendant’s roof. Plaintiff’s father supplied the tools, equipment, and materials for the roof job. On October 7, 2011, plaintiff arrived at the property with another person to work on the roof. They had already removed the shingles from the roof, leaving only the underlayment, which on that October morning was covered with dew and early frost. Plaintiff claimed that he initially decided not to work on the roof because the frost made it slippery but changed his mind when defendant arrived at the property and ordered him to begin work. Plaintiff climbed a ladder onto the property’s roof; plaintiff fell from the second-story roof and landed on the paved driveway below, sustaining serious and permanent head and spinal injuries. Plaintiff sued defendant for his injuries, and appealed when the trial court granted defendant summary judgment. Plaintiff argued the trial court erred by concluding that defendant owed him no duty and that the court abused its discretion by denying his motion to amend his complaint to add a new liability theory. Given the circumstances of this case, the Vermont Supreme Court agreed that the trial court erred in concluding, as a matter of law on summary judgment, that defendant owed no duty to plaintiff. View "LeClair v. LeClair" on Justia Law

Plaintiff in this wrongful-death action appealed a trial court judgment dismissing her complaint as untimely. Plaintiff contended the trial court erred in: (1) denying her motion to amend the complaint to include a certificate of merit; (2) declining to treat the motion to amend as a petition to extend the statute of limitations; and (3) dismissing a claim for personal injuries incurred during the decedent’s lifetime. Finding no reversible error, the Supreme Court affirmed. View "McClellan v. Haddock" on Justia Law

In 2010, E.R. was voluntarily admitted to the Psychiatric Department at Central Vermont Medical Center (CVMC) with a “psychotic disorder” after having threatened young children in his home. During his first few days at CVMC, E.R. was easily agitated, made threatening remarks, reported auditory hallucinations, was easily agitated, and had fair-to-poor judgment. The examining physician tentatively diagnosed E.R. with a schizophreniform disorder. This case arose out of the assault of Michael Kuligoski by E.R. after E.R. was discharged from another treatment facility, Brattleboro Retreat, and while he was undergoing outpatient treatment with Northeast Kingdom Human Services (NKHS). Plaintiff Carole Kuligoski, individually and on behalf of Michael, Mark Kuligoski, and James Kuligoski (collectively “plaintiffs”), filed suit against defendants Brattleboro Retreat and NKHS, raising claims of failure to warn of E.R.’s danger to others, failure to train E.R.’s parents in handling E.R., failure to treat, improper release, and negligent undertaking. The superior court granted defendants’ motions to dismiss for failure to state a claim, and plaintiffs appealed. After review, the Supreme Court reversed on the failure to warn and train claims, and affirmed on the failure to treat, improper release and negligent undertaking claims. View "Kuligoski v. Brattleboro Retreat" on Justia Law

Defendant Dylan Stinson appealed a judgment finding him liable to plaintiffs Kevin and Linda Flanagan for damage to their vacation home from a fire started in an outdoor fireplace on their deck by a group of teenagers who were there without their permission. Stinson contended that: (1) there was insufficient evidence to find him liable for the damage under a concerted-action theory; (2) it was improper for the trial court to admit and rely on evidence of the actual cash value of the lost personal property; and (3) the pre and postjudgment interest rate awarded by the trial court was unconstitutional under the U.S. and Vermont Constitutions. Finding no reversible error, the Supreme Court affirmed. View "Concord General Mutual Insurance Company v. Gritman" on Justia Law

Plaintiffs, the parents of a newborn baby, alleged that on June 12, 2012, their son died as a result of the medical malpractice of the Hospital defendants and the Baker defendants (Richard Baker, M.D. and Mary Beerworth, M.D.). It was undisputed that this filing was within the period established by the applicable statute of limitations. The issue this case presented for the Supreme Court's review centered on the denial of motions to dismiss filed by the Hospital defendants and the Baker defendants. Both sets’ motions were predicated on plaintiffs’ failure to timely serve process. On appeal, the Baker defendants argued that the trial court’s grant of an enlargement of time to serve process expired prior to plaintiffs’ serving of the summons and complaint, while the Hospital defendants contended that although they signed a waiver of service, plaintiffs failed to file that waiver with the court before the expiration of the service period. Both sets of defendants also appealed the trial court’s conclusion that even if plaintiffs’ service was found to be untimely, it retained the authority to retroactively grant a motion for enlargement of time and extend the period for service after the running of the statute of limitations on the basis of excusable neglect. Finding no reversible error, the Supreme Court affirmed. View "Clark v. Baker" on Justia Law

Plaintiff was injured when he struck a horse while driving on a Vermont State road. The horse belonged to Susan Wielt, who leased a house and land from Brian Toomey. Plaintiff sued Wielt and Toomey for negligence. Toomey moved for summary judgment, arguing he had no duty to keep the horse enclosed or to prevent its escape. The trial court granted summary judgment, and plaintiff appealed. Finding no reversible error, the Supreme Court affirmed that grant of summary judgment. View "Deveneau v. Weilt" on Justia Law

Plaintiff Dow Tillson underwent an elective procedure to remove a cataract in his left eye. Defendant Dr. Richard Lane, M.D., performed the procedure at Springfield Hospital. Plaintiffs alleged in their amended complaint that within twenty-four hours of surgery, Mr. Tillson’s left eye showed signs of infection. Dr. Lane made a presumptive diagnosis of endopthalmitis, but did not refer Mr. Tillson to a retinologist for treatment. Within forty-eight hours of surgery, Mr. Tillson was permanently blind in his left eye. Plaintiff sued for medical malpractice, and defendants the doctor and hospital, moved for summary judgment. Plaintiffs appealed the superior court’s decision to grant defendants’ motion. Upon review of the trial court record, the Supreme Court concluded that deposition testimony of plaintiff’s expert witness was sufficient to withstand a motion for summary judgment. Accordingly, the Court reversed and remanded the case for further proceedings. View "Tillson v. Lane" on Justia Law

At issue in this appeal was a jury verdict rendered in favor of Rutland Hospital, Inc., d/b/a Rutland Regional Medical Center, and related entities (“RRMC”) and Dr. Santiago Cancio-Bello arising from injuries due to claimed medical malpractice in connection with the birth of Amy and Robert Labates’ daughter in 2007. Following the return of the jury verdict in favor of RRMC and Cancio-Bello, the Labates moved for a new trial on several different grounds, many of which concerned alleged juror misconduct, including a claim that a juror read an e-mail sent by RRMC to its employees during the trial and therefore tainted the verdict. The trial court denied the motion without a hearing and this appeal followed. The only issue before the Supreme Court centered on that e-mail. Finding no reversible error, the Supreme Court affirmed the trial court. View "Labate v. Rutland Hospital, Inc." on Justia Law