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6 Vermont opinions name it 2 courts 1995–2017 0 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 |
|---|---|---|
Shaw, Admr. v. Mooregreen2 sentences2017Generally, gross negligence “is a heedless and palpable violation of legal duty respecting the rights of others.” Shaw v. Moore, 104 Vt. 529, 531 (1932) (emphasis added), quoted in Mellin v. Flood Brook Union School Dist., 173 Vt. 202, 220 (2001). 2001See Shaw v. Moore, 104 Vt. 529, 531 , 162 A. 373 , *220 374 (1932) (gross negligence “is a heedless and palpable violation of legal duty respecting the rights of others”). | 2 | 3 |
Mellin v. Flood Brook Union School Districtgreen2 sentences2017Generally, gross negligence “is a heedless and palpable violation of legal duty respecting the rights of others.” Shaw v. Moore, 104 Vt. 529, 531 (1932) (emphasis added), quoted in Mellin v. Flood Brook Union School Dist., 173 Vt. 202, 220 (2001). 2017“Stated differently, one who fails to exercise ‘even a slight degree of care’ or acts indifferently to the duty owed to another may be grossly negligent.” Mellin, 173 Vt. at 220 ; accord Kane v. Lamothe, 2007 VT 91, ¶ 13 , 182 Vt. 241 (it connotes “a wholesale absence of care or indifference to duty owed to” another). | 1 | 1 |
Kane v. Lamothegreen1 sentence2017“Stated differently, one who fails to exercise ‘even a slight degree of care’ or acts indifferently to the duty owed to another may be grossly negligent.” Mellin, 173 Vt. at 220 ; accord Kane v. Lamothe, 2007 VT 91, ¶ 13 , 182 Vt. 241 (it connotes “a wholesale absence of care or indifference to duty owed to” another). | 1 | 1 |
Kane v. Lamothegreen1 sentence2017“Stated differently, one who fails to exercise ‘even a slight degree of care’ or acts indifferently to the duty owed to another may be grossly negligent.” Mellin, 173 Vt. at 220 ; accord Kane v. Lamothe, 2007 VT 91, ¶ 13 , 182 Vt. 241 (it connotes “a wholesale absence of care or indifference to duty owed to” another). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rivard v. Roy
green
2 sentences1995It is a heedless and palpable violation of legal duty respecting the rights of others."). *483 Although the presence or absence of gross negligence turns on each particular set of circumstances and therefore is "generally a question for the jury," the trial court may decide the question as a matter of law "where the minds of reasonable persons cannot differ." Rivard, 124 Vt. at 35 , 196 A.2d at 500 . 1995It is a heedless and palpable violation of legal duty respecting the rights of others."). *483 Although the presence or absence of gross negligence turns on each particular set of circumstances and therefore is "generally a question for the jury," the trial court may decide the question as a matter of law "where the minds of reasonable persons cannot differ." Rivard, 124 Vt. at 35 , 196 A.2d at 500 . | 2 | 1995–1995 |
State v. Valyou
green
2 sentences2010State v. Valyou, 2006 VT 105, ¶ 5 , 180 Vt. 627 , 910 A.2d 922 (mem.). 2010State v. Valyou, 2006 VT 105, ¶ 5 , 180 Vt. 627 , 910 A.2d 922 (mem.). | 1 | 2010–2010 |
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.
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.