harsh common law rule (Vermont) · Go Syfert
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harsh common law rule in Vermont

8 Vermont opinions name it 2 courts 1989–2025 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.

Followed or applied (4)

CaseFollowedCited
Vaillancourt v. Medical Center Hospital of Vermont, Inc.green
vt · 1980 · cited in 4 Vermont opinions naming this issue, 1989–2024
2 sentences

2024The WDA is “designed to alleviate the harsh common law rule of no liability because the person injured had died.” Vaillancourt, 139 Vt. at 141 .

1990Id.

14
State v. Olivergreen
vt · 1989 · cited in 2 Vermont opinions naming this issue, 1991–1998
2 sentences

1998The wrongful death statute was “designed to allay the harsh common law rule denying liability due to the death of the victim.” State v. Oliver, 151 Vt. 626, 629 , 563 A.2d 1002, 1004 (1989).

1998The wrongful death statute was “designed to allay the harsh common law rule denying liability due to the death of the victim.” State v. Oliver, 151 Vt. 626, 629 , 563 A.2d 1002, 1004 (1989).

12
Whitchurch v. Perrygreen
· 1979 · cited in 1 Vermont opinions naming this issue, 2025–2025
2 sentences

2025However, they do allow general tort actions for bodily injury to survive the death of the plaintiff. 14 V.S.A. §§ 1451-1452; see Whitchurch v. Perry, 137 Vt. 464, 468 , 408 A.2d 627 , 630 3 (1979) (“Vermont’s survival statutes, 14 V.S.A. §§ 1451-1453, abrogate the harsh common law rule that personal tort actions die with the person of the plaintiff or the defendant.”). ¶ 7.

2025However, they do allow general tort actions for bodily injury to survive the death of the plaintiff. 14 V.S.A. §§ 1451-1452; see Whitchurch v. Perry, 137 Vt. 464, 468 , 408 A.2d 627 , 630 3 (1979) (“Vermont’s survival statutes, 14 V.S.A. §§ 1451-1453, abrogate the harsh common law rule that personal tort actions die with the person of the plaintiff or the defendant.”). ¶ 7.

11
Cox v. Rothgreen
scotus · 1955 · cited in 1 Vermont opinions naming this issue, 1991–1991
1 sentence

1991See Cox v. Roth, 348 U.S. 207, 210 (1955).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway.

Statutes the citing opinions construe

VT § Vt. Stat. Ann. tit. 14, § 1492 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CT 10 (1983–2020) VT 8 (1989–2025) WV 6 (1977–2020) IN 5 (1991–2014) NY 5 (1974–1995) MO 5 (1995–2013) VA 4 (1976–2012) PA 3 (1988–2022) AZ 3 (1980–2024) CO 3 (1983–1991) MN 3 (1943–1982) NM 3 (1977–1999) IL 2 (1982–2013) NJ 2 (1978–1986) MD 2 (1988–1995) TX 2 (1983–2025) HI 2 (2004–2016) MT 2 (1937–1987)

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.

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