Justia Injury Law Opinion Summaries

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

Plaintiff Rodney Demag worked for a car dealership which also provided automobile service. As a convenience for customers, he picked up vehicles belonging to customers, leaving his own vehicle and returning the customer’s vehicle at the end of the day. Plaintiff provided this service to defendant Better Power Equipment, Inc.'s (BPE) general manager and his wife, picking up their cars from BPE’s parking lot. This occurred five to six times a year. The arrangement had existed for approximately ten years. In 2009, plaintiff drove to defendant for scheduled service, parking in his usual spot next to the vehicle of the general manager and his wife. Although this area was not generally used for parking by BPE customers, the general manager and his wife typically parked there, and other employees sometimes parked there in the winter. Plaintiff spoke briefly with the general manager about the service needed for his vehicle. Plaintiff then returned to his own vehicle, retrieved a few items, took a step and fell into an uncovered storm drain. He filed this case to recover damages for the injuries he suffered as a result of that fall. Plaintiff appealed the grant of summary judgment against him in the resulting personal injury case. The trial court found that plaintiff was a licensee of defendant, [ . . .] rather than an invitee. It concluded that plaintiff was entitled to a lesser standard of care from BPE, which allowed for summary judgment against him. The Supreme Court determined "that the time has come to abolish Vermont’s common-law negligence distinction between licensees and invitees" and reversed and remanded. View "Demag v. Better Power Equipment" on Justia Law

On July 3, 2009, plaintiffs Michaela and David Martin and their three-year-old daughter Gracie spent the day at a campsite that the family rented at a campground in Island Pond, Vermont. Defendants John and Joanna Christman rented a campsite near the Martins. Michaela took Gracie to a playground adjacent to the Christmans’ site. The Christmans were camping with two of their boxer dogs, one of which was a two-year old male named Diesel. They had a table of their own which was sheltered with a gazebo. Joanna Christman tied Diesel to a pole supporting the gazebo. Gracie asked John Christman if she could pet Diesel, and he said that she could. Without warning Diesel attacked Gracie, knocking her to the ground and biting her face. John Christman forced his dog to let go of the child. The Martins took Gracie to North Country Hospital where she received surgery to repair her wounds. The Martins brought suit against the Christmans, their insurer, and the campground on several theories, including strict liability and negligence. The trial court granted defendants’ motion to dismiss the strict liability claim on the ground that existing Vermont precedent required proof of negligence to recover against a dog owner for damages caused by his or her dog. It also dismissed a "direct action" claim against the Christmans’ insurer. The parties stipulated to the dismissal with prejudice of the negligence claim and a related claim of premises liability. This appeal was limited to the trial court’s dismissal of the strict liability claim. The Vermont Supreme Court declined to change the common-law rule requiring proof of a dog owner’s negligence as the sole basis for liability for personal injuries inflicted by the dog. "In the face of longstanding precedent, both in Vermont and in the United States in general, we decline to change the substantive law by judicial decision." View "Martin v. Christman" on Justia Law

Plaintiff appealed two superior court decisions in a personal-injury negligence action: (1) an order dismissing all claims against defendant Robert Merrill, Sr., in his individual capacity, on summary judgment; and (2) an order granting partial judgment as a matter of law during trial, concluding that any liability of defendant Springfield Lodge No. 679, Loyal Order of Moose, Inc., could not be predicated on the action or inaction of Mr. Merrill, Sr., its governor. Plaintiff, attended a New Year's Eve party at the Springfield Lodge when a fight broke out between two other party guests, Danny Snide and Robert Merrill, Jr., the adult son of defendant Robert Merrill, Sr. At the time, Merrill, Sr. was the governor of the Lodge, the highest position in the Lodge hierarchy, and was an unpaid volunteer. Eventually, there was a scuffle in the men’s room involving Merrill, Jr. and an unnamed man. Merrill, Sr. arrived and asked another person to keep Merrill, Jr. in the bathroom while Merrill, Sr. went to look for the unnamed man. Merrill, Jr. and began fighting Snide, by which plaintiff was injured. In addition to alleging his injury, plaintiff submitted selected pages from an Orientation Guide for New Officers listed the duties of the governor of the Lodge, which plaintiff asserted obligated the Governor to take action to prevent the misconduct of members on Lodge property. In reviewing plaintiff's appeal, the Supreme Court found the Guide offered no such language obligating the Lodge Governor as plaintiff maintained. "For that reason, the trial court’s summary judgment decision dismissing the claims against Merrill, Sr. is correct in its result. We also conclude that the court could have gone further and provided the Lodge summary judgment on the claims against it that were premised on a theory of common-law respondeat superior for the action or inaction of Merrill, Sr. . . . Merrill, Sr.’s status as a social guest in the Lodge dining and bar facility is an additional reason why he had no duty to plaintiff to prevent the incident that caused injury to him and why the Lodge has no liability based on Merrill, Sr.’s inaction." View "Buxton v. Springfield Lodge No. 679, Loyal Order of Moose, Inc." on Justia Law