SCOVT @SCOVTblog

https://t.co/852fEQiYgj A collection of current decisions of the Vermont Supreme Court selected, edited, rewritten, condensed and digested (c) by Allan R. Keyes scovt.blogspot.com Vermont Joined January 2012

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SCOVT @SCOVTblog

6 years ago

SCOVT holds that the denial of summary judgment based on the sufficiency of the evidence is not subject to appellate review after a trial on the merits.. The Lofts Essex, LLC, v. Strategis Floor Décor Inc., tinyurl.com/2019SCOVT82

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SCOVT @SCOVTblog

6 years ago

SCOVT affirms dismissal of claim against mental-health provider for failure to warn of violence by resident where victim was not identifiable individually or as a one of a class of potential victims. Montague v. Hundred Acre Homestead, tinyurl.com/2019-SCOVT-16 [filed 3/8/2019]

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SCOVT @SCOVTblog

6 years ago

SCOVT affirms summary judgment dismissing legal malpractice claim for lack of evidence of causation. Stephan Palmer, Sr. v. Mark Furlan and State of Vermont, tinyurl.com/2019-SCOVT-42 [filed 6/21/2019]

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SCOVT @SCOVTblog

6 years ago

SCOVT affirms summary judgment that there was no ineffective assistance of counsel, largely because alleged professional errors did not prejudice result. In Re Burke, tinyurl.com/2019-SCOVT-28 [4/26/2019]

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SCOVT @SCOVTblog

6 years ago

SCOVT reinstates verdict for plaintiff repair shop. Collision coverage is promise to pay the amount needed to repair vehicle, regardless of the amount the insurer deemed sufficient. Parker's Classic Auto Works v. Nationwide tinyurl.com/2019-SCOVT-46 [filed 6/28/2019]

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SCOVT @SCOVTblog

6 years ago

SCOVT vacates and dismisses charge of disorderly conduct. State v. Treyez L. McEachin, tinyurl.com/2019SCOVT37 [filed 5/24/2019]

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SCOVT @SCOVTblog

6 years ago

A defendant in a criminal action may seek interlocutory review under VRAP 5 without showing that a conditional guilty plea is not practicable or available before seeking such interlocutory review State v. Haynes, tinyurl.com/2019SCOVT44 (overruling State v. Lyford, 2016 VT 118.)

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SCOVT @SCOVTblog

6 years ago

SCOVT rules residential mental-health provider has no duty to warn potential victim of violence by resident where victim was neither individually identified or identifiable, nor a member of a discrete identified or identifiable class of potential victims. tinyurl.com/2019SCOVT16

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SCOVT @SCOVTblog

7 years ago

SCOVT affirms summary judgment for defendant in premises liability case for lack of evidence of notice of the hazard and, thus, of causation. Jay Bernasconi v. City of Barre: Hope Cemetery, 2019 VT 6 [filed 1/25/2019 ]tinyurl.com/2019-SCOVT-6

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SCOVT @SCOVTblog

7 years ago

SCOVT holds that a direct private right of action for damages based on alleged flagrant violations of Article 11 (Search and Seizure Regulated) is available against the State. Gregory W. Zullo v. State of Vermont, 2019 VT 1, tinyurl.com/2019-SCOVT-1

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SCOVT @SCOVTblog

7 years ago

Under V.R.E. 803(4)—unlike the corresponding federal rule—statements in medical records relating to the inception or cause of a condition or symptom are not admissible even if pertinent to diagnosis or treatment. Sweet, v. St. Pierre, 2018 VT 122 tinyurl.com/2018-SCOVT-122

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SCOVT @SCOVTblog

7 years ago

"Each morning now, after rain and wind, is fresher and cooler, and leaves still green reﬂect a brighter sheen." #Thoreau, October 2, 1858

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SCOVT @SCOVTblog

7 years ago

Landlord not obligated to conduct background checks on tenants’ pets --owed no duty to passerby injured when tenant's pit bull escaped. Gross v Turner tinyurl.com/Gross-v-Turner…

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SCOVT @SCOVTblog

7 years ago

"Summer returns without its haze. We see infinitely further into the horizon on every side, and the boundaries of the world are enlarged." #Thoreau, June 26, 1853

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SCOVT @SCOVTblog

7 years ago

"I am too late for the white pine flowers. The cones are half an inch long and greenish, and the male flowers effete." #Thoreau, June 25, 1852

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SCOVT @SCOVTblog

7 years ago

Divided Court holds grandparents not liable as a matter of law for father’s negligent supervision of grandson who assaulted worker on their property because grandparents did not control father. Kuligoski v. Rapoza, tinyurl.com/2018-SCOVT-14 [2/16/2018]

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SCOVT @SCOVTblog

7 years ago

SCOVT issue preclusion does not apply to a finding that was untested on appellate review. Daiello v. Town of Vernon, tinyurl.com/2018-SCOVT17

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SCOVT @SCOVTblog

7 years ago

Children’s share of the personalty should contribute to estate’s administrative expenses only if spouse’s share of the personalty is insufficient. Avery v. Estate of Avery tinyurl.com/2018-SCOVT-59

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SCOVT @SCOVTblog

7 years ago

SCOVT affirms voluntary dismissal by plaintiff, despite “two-dismissal “ rule, because the effect of the dismissal is not ripe until a third action is filed Federal National Mortgage Association v. Johnston, tinyurl.com/2018-SCOVT-51