Cluster 2675554
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· 51 citation events
across 4 courts.
Showing the 6 strongest citers on record
(one row per citing case, strongest signal kept).
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McLaughlin v. Langrock Sperry & Wool, LLP (2020)
Under Vermont law, “[t]he existence of a duty is primarily a question of law”; that is, the “court determines whether a duty is owed, as well as the scope of any duty that is owed.” Buxton v. Springfield Lodge No. 679, Loyal Order of Moose, Inc., 2014 VT 52 , 4 7, 196 Vt. 486, 490 , 99 A.3d 171, 174 (citation and internal quotation marks omitted); see also Ascension Tech.
“Whether or not a fiduciary duty exists between parties is a question of law.”
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Darryl R. Montague v. Hundred Acre Homestead, LLC (2019)
See Buxton v. Springfield Lodge No. 679 , 2014 VT 52 , ¶ 8, 196 Vt. 486 , 99 A.3d 171 (holding governor of lodge had no duty to protect guest from other guests); Smith , 148 Vt. at 598 , 538 A.2d at 159 (holding university had no duty to protect third persons from student); Restatement (Second) of Torts § 315 (1965) (explaining "[t]here is no duty so to control the conduct of a third person as to prevent" third person from harming another unless actor has special relationshi…
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Reilly v. Southwest Vermont Supervisory Union (2016)
See Buxton v. Springfield Lodge No. 679, 2014 VT 52, ¶ 13 , 196 Vt. 486, 493 (quoting Black’s Law Dictionary).
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Carvalho v. Grzankowski (2015)
“Duty, the first element, is central to a negligence claim, and its existence is primarily a question of law.” Endres v. Endres, 2008 VT 124, ¶ 11 , 185 Vt. 63, 68 , 968 A.2d 336, 340 (2008); see Buxton v. Springfield Lodge No. 679, Loyal Order of Moose, Inc., 2014 VT 52, ¶ 7 , 196 Vt. 486, 490 , 99 A.3d 171, 174 (2014) (stating that court determines “whether a duty is owed, as well as the scope of any duty that is owed”).
stating that court determines “whether a duty is owed, as well as the scope of any duty that is owed”
See Hoover v. Hoover , 171 Vt. 256 , 258, 764 A.2d 1192 , 1193 (2000) (explaining that Supreme Court's review on appeal is confined to record and evidence adduced at trial and Court cannot consider facts outside record); see also Buxton , 2014 VT 52 , ¶ 6 n.2, 196 Vt. 486 , 99 A.3d 171 (holding that where party did not submit materials at summary judgment stage, this Court could not consider them in reviewing trial court's summary judgment decision).
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Galley Schuler v. Rainforest Alliance, Inc. (2016)
“The existence of a duty ‘is primarily a question of law.’” Id. (quoting Endres v. Endres, 2008 VT 124, ¶ 11 , 185 Vt. 63, 68 , 968 A.2d 336, 340 ); see also Buxton v. Springfield Lodge No. 679, 2014 VT 52, ¶ 7 , 196 Vt. 486, 490 , 99 A.3d 171, 174 (stating that the court determines “whether a duty is owed, as well as the scope of any duty that is owed”).