13 Vermont opinions name it 2 courts 1928–2026 2 in the last five years
The cases below were cited by Vermont courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Cyr v. Green Mountain Power Corp.green2 sentences2026Plaintiff urges the Court to conclude that negligence can be inferred by applying the doctrine of res ipsa loquitur, which “allows the plaintiff to escape a directed verdict without directly establishing negligence, and ... allows the jury a permissive inference of negligence.” Lasek v. Vermont Vapor, Inc., 2014 VT 33, ¶ 16 , 196 Vt. 243 (quoting Cyr v. Green Mountain Power Corp., 145 Vt. 231, 235 (1984)): For the doctrine to apply, a plaintiff must demonstrate the following elements: 1. 2014The doctrine “allows the plaintiff to escape a directed verdict without directly establishing negligence, and . . . allows the jury a permissive inference of negligence.” Cyr v. Green Mountain Power Corp., 145 Vt. 231, 235 , 485 A.2d 1265, 1268 (1984). | 2 | 2 |
Humphrey v. Twin State Gas & Electric Co.green2 sentences1928He contends that the doctrine of res ipsa loquitur applies here as in the recently decided case of Humphrey v. Twin State Gas & Electric Co., 100 Vt. 414 , 139 Atl. 440 , and required the submission of the case to the jury. 1928He contends that the doctrine of res ipsa loquitur applies here as in the recently decided case of Humphrey v. Twin State Gas & Electric Co., 100 Vt. 414 , 139 Atl. 440 , and required the submission of the case to the jury. | 1 | 3 |
ZUKATIS BY ZUKATIS v. Perrygreen1 sentence2026“The four elements of a prima facie negligence claim are well established: (1) ‘a legal duty owed by defendant to plaintiff,’ (2) ‘a breach of that duty,’ (3) an ‘actual injury to the plaintiff,’ and (4) ‘a causal link between the breach and the injury.’” Zeno- Ethridge v. Comcast Corp., 2024 VT 16, ¶ 33 , 219 Vt. 121 (quoting Zukatis v. Perry, 165 Vt. 298, 301 (1996); Ziniti v. New Eng. | 1 | 1 |
Marsigli v. C. W. Averill Co.green1 sentence2024Averill Co., 123 Vt. 234, 236 (1962) (laying out the test for applying the doctrine of res ipsa loquitur). | 1 | 1 |
McDonnell v. Montgomery Ward & Companygreen1 sentence2003This doctrine recognizes that sometimes mere proof of an event proves negligence–in other words, “the event speaks for itself.” McDonnell v. Montgomery Ward, 121 Vt. 221, 226 (1959). | 1 | 1 |
Salwiecz v. Rutland Railway, Light & Power Co.green2 sentences1984Plaintiff cited Salwiecz v. Rutland Railway, Light & Power Co., 101 Vt. 178, 180 , 142 A. 77, 78 (1928), and Humphrey v. Twin State Gas & Electric Co., 100 Vt. 414, 417 , 139 A. 440, 442 (1927), in support of her request. 1984Plaintiff cited Salwiecz v. Rutland Railway, Light & Power Co., 101 Vt. 178, 180 , 142 A. 77, 78 (1928), and Humphrey v. Twin State Gas & Electric Co., 100 Vt. 414, 417 , 139 A. 440, 442 (1927), in support of her request. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Barret v. Caddo Transfer & Warehouse Co.
green
2 sentences1936Williamson v. Clark, supra; Barret v. Caddo Transfer & Warehouse Co., 165 La. 1075 , 116 So. 563 , 58 A. L. 1936Williamson v. Clark, supra; Barret v. Caddo Transfer & Warehouse Co., 165 La. 1075 , 116 So. 563 , 58 A. L. | 2 | 1931–1936 |
Jennifer Zeno-Ethridge and Dennis Ethridge v. Comcast Corporation
green
1 sentence2026“The four elements of a prima facie negligence claim are well established: (1) ‘a legal duty owed by defendant to plaintiff,’ (2) ‘a breach of that duty,’ (3) an ‘actual injury to the plaintiff,’ and (4) ‘a causal link between the breach and the injury.’” Zeno- Ethridge v. Comcast Corp., 2024 VT 16, ¶ 33 , 219 Vt. 121 (quoting Zukatis v. Perry, 165 Vt. 298, 301 (1996); Ziniti v. New Eng. | 1 | 2026–2026 |
Lasek v. Vermont Vapor, Inc., and Downing Properties, LLC
green
2 sentences2026Plaintiff urges the Court to conclude that negligence can be inferred by applying the doctrine of res ipsa loquitur, which “allows the plaintiff to escape a directed verdict without directly establishing negligence, and ... allows the jury a permissive inference of negligence.” Lasek v. Vermont Vapor, Inc., 2014 VT 33, ¶ 16 , 196 Vt. 243 (quoting Cyr v. Green Mountain Power Corp., 145 Vt. 231, 235 (1984)): For the doctrine to apply, a plaintiff must demonstrate the following elements: 1. 2026Plaintiff urges the Court to conclude that negligence can be inferred by applying the doctrine of res ipsa loquitur, which “allows the plaintiff to escape a directed verdict without directly establishing negligence, and ... allows the jury a permissive inference of negligence.” Lasek v. Vermont Vapor, Inc., 2014 VT 33, ¶ 16 , 196 Vt. 243 (quoting Cyr v. Green Mountain Power Corp., 145 Vt. 231, 235 (1984)): For the doctrine to apply, a plaintiff must demonstrate the following elements: 1. | 1 | 2026–2026 |
Sweeney v. Erving
green
2 sentences1959See Humphrey v. Twin State Gas & Electric Co., 100 Vt 414, 424, 139 A 440, 56 ALR1011; Sweeney v. Erving, 228 US 233, 240 , 33 S Ct 416 , 57 L Ed 815, 817 . 1959See Humphrey v. Twin State Gas & Electric Co., 100 Vt 414, 424, 139 A 440, 56 ALR1011; Sweeney v. Erving, 228 US 233, 240 , 33 S Ct 416 , 57 L Ed 815, 817 . | 1 | 1959–1959 |
Fisher v. Washington Coca-Cola Bottling Works, Inc.
green
1 sentence1947In reply to the defendant’s contention that the bottle was not in its possession or under its management and control at the time of the accident, the court states, 105 ALR at 1036 , “. . . the jury might properly have *180 concluded from the plaintiff’s case that the contents of the bottle were undisturbed until it reached the plaintiff’s hand?. | 1 | 1947–1947 |
Blaisdell v. Blake
green
1 sentence1942In view of what is said in Blaisdell v. Blake, 111 Vt 123, 127-129, 11 A2d 215 , there would seem to be no room for the application of this doctrine. | 1 | 1942–1942 |
Garfield v. Passumpsic Telephone Co.
green
2 sentences1936Garfield v. Passumpsic Telephone Co., 91 Vt. 315, 326 , 100 Atl. 762 ; Dodge Brothers v. Central Vermont Ry. 1936Garfield v. Passumpsic Telephone Co., 91 Vt. 315, 326 , 100 Atl. 762 ; Dodge Brothers v. Central Vermont Ry. | 1 | 1936–1936 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.