10 results for 'judge:"Eaton"'.
J. Eaton finds the trial court properly granted summary judgment to a power company and construction company based on the 20-year statute of repose in this wrongful death and negligence lawsuit filed by the decedent’s estate. The estate alleges the construction company installed the asbestos and the decedent was exposed through her husband, who worked with the power company that caused the decedent’s mesothelioma and death from the asbestos exposure. The upheld the repose finding the last injury occurrence fell outside the period in relation to the Vermont Constitution. Affirmed.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: May 10, 2024, Case #: 23-AP-217, Categories: Constitution, Negligence, Wrongful Death
[Consolidated.] J. Eaton finds the Professional Responsibility Board improperly entered two separate decisions with different sanctions regarding attorney Theodore studdert-Kennedy’s misconduct during a divorce proceeding. The board reduced a reprimand’s presumptive sanction to a private admonition, but this failed to consider if the his sanction was consistent with other cases. The decision is vacated and remanded for further proceedings. Reversed.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: May 3, 2024, Case #: 23-AP-263, Categories: Sanctions, Attorney Discipline
J. Eaton finds the trial court properly granted summary judgment to Comcast, a cable company and a flagging company in this negligent infliction of emotional distress, negligence and loss of consortium claims brought by a wife and husband. The wife alleges she suffered PTSD and depression after she witnessed the cable company’s truck back up, hitting a flagger and crushing his skull. The husband alleges loss of consortium for having to care for the wife after the incident. The wife’s claims fail as a matter of law, and the husband’s claim is derivative of these failed claims. Affirmed.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: March 22, 2024, Case #: 23-AP-086, Categories: Negligence, Emotional Distress
J. Eaton finds the environmental division properly imposed contempt sanctions in this zoning enforcement action for a landowner to remove unpermitted structures on his property. The landowner argues the enforcement order the wrongful contempt sanctions assigned were a violation of the excessive fines clause of the U.S. Constitution as was his arrest in order for the town to remove the structures. He failed to raise the argument regarding the violation by his own choice giving him no right to review now. The contempt sanction fines imposed are entitled to the town for full enforcement.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: March 1, 2024, Case #: 23-AP-231, Categories: Constitution, Property, Sanctions
J. Eaton finds the family division properly dismissed this parentage action. The Office of Child Services argues the family division erred in strictly applying the time limit of two years and not the best interest of the child. OCS lacks a standing to challenge the child’s parentage because it was filed well past the statute of limitations. Affirmed.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: February 16, 2024, Case #: 23-AP-207, Categories: Family Law
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J. Eaton finds that the trial court improperly imposed a release condition on defendant, who was charged with false pretenses and violating conditions of release on prior charges. He was ordered to attend court and engage in drug rehabilitation treatment. The court did not prove that was a reasonable measure to protect the public or mitigate a flight risk. Reversed.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: September 26, 2023, Case #: 23-AP-288, Categories: Drug Offender, Sentencing, Bail