§ 558. New action after failure of original action
(a) The plaintiff may commence a new action for the same cause within one year after the
determination of the original action, when the original action has been commenced
within the time limited by any statute of this State, and the action has been determined
for any of the following reasons:
(1) where the action is dismissed for insufficiency of process caused by unavoidable accident
or by default or neglect of the officer to whom the process was committed;
(2) where the action is dismissed for lack of jurisdiction of the subject matter or person,
improper venue, or failure to join an indispensable party;
(3) where the action is defeated or avoided by the death of a party thereto;
(4) where judgment for the plaintiff is reversed on appeal on one of the grounds listed
in subdivisions (1) and (2) of this subsection.
(b) If the cause of action survives, the plaintiff’s executor or administrator may commence
the action within one year after the determination of the original action. If an executor
or administrator is not appointed within that time, then the new action may be commenced
within one year after letters testamentary or of administration are granted. (Amended 1971, No. 185 (Adj. Sess.), § 34, eff. March 29, 1972; 1973, No. 151 (Adj. Sess.), § 1, eff. date, see note set out below.)
Jane Doe v. Victoria Camacho, 2024 VT 72 (Vt. 2024). · cites it 5דPlaintiff argues that, given the circumstances surrounding the dismissal of those claims, the trial court erred in concluding that the instant complaint was not timely filed under Vermont’s savings statute, 12 V.S.A. § 558, or, in the alternative, pursuant to the equitable-…”
Leno v. Meunier, 209 A.2d 485 (Vt. 1965). · cites it 7דntiff replied to this motion that a previous suit was seasonably brought on August 16, 1960 in the United States District Court for Vermont; that the writ was dismissed by the District Court on June 17, 1961 without trial on the merits for the lack of jurisdiction and that this…”
Michael D. Messier v. Kay H. Bushman & The Stand. Fire Ins. Co. d/b/a Travelers, 197 A.3d 882 (Vt. 2018). “We decline to address Messier's arguments concerning the potential application of 12 V.S.A. § 558, which pertains to commencement of a new action following the failure of an original action under certain circumstances.”
Weisburgh v. McClure Newspapers, Inc., 396 A.2d 1388 (Vt. 1979). · cites it 2דAs the order dismissing this complaint points out, if the filing of a complaint is to be effective in tolling the statute of limitations as of that filing date, timely service under the Rules of Civil Procedure must be accomplished.”
Leo v. Hillman, 665 A.2d 572 (Vt. 1995). “As we said of 12 V.S.A. § 558, in language equally applicable to 12 V.”
Oppenheim v. Hutchinson, 926 A.2d 177 (Me. 2007). “2d 389, 390 (1942) (interpreting an earlier version of VT. STAT. ANN. tit. 12, § 558 (2002), which mirrored the current version of Maine’s saving statute).”
Shovah v. Mercure, 44 F. Supp. 3d 504 (D. Vt. 2014). “See Vt. Stat. Ann. tit. 12, § 558 (“[A] plaintiff may commence a new action for the same cause within one year after the determination of the original action, when the original action has been commenced within the time limited by any statute of this state, .”
Shortle v. Bd. of Zoning Adjustment, 388 A.2d 430 (Vt. 1978). “Subsequently, by various motions made and denied, plaintiffs asked the Superior Court to have their appeal time extended, or their declaratory judgment complaint treated as a notice of appeal, and for relief under 12 V.S.A. § 558, V.R.C.P. 60(b), and other related rules.”
Schulman v. Saloon Beverage, Inc., 991 F. Supp. 2d 501 (D. Vt. 2014). · cites it 7דFirst, they suggest that their cause of action accrued on or after July 3, 2011 — or at least that it is impossible at present to conclude otherwise.”
gates v. mack molding (Vt. Super. Ct. 2024). · cites it 4דGates also raises a separate legal issue: whether under 12 V.S.A. § 558, the operative or effective date of filing should be the date on which he filed his FEPA and WCA retaliation claims in federal court (May 6, 2022), rather than the date that such claims were filed in this…”
Messier v. Bushman (Vt. Super. Ct. 2017). · cites it 4דMessier; (2) the court improperly relied on extra-pleading materials in analyzing the effectiveness of service; and (3) the court failed to consider the possibility of tolling pursuant to 12 V.S.A. § 552. Mr. Messier raises each of these issues for the first time post-judgment.”
Leno v. Meunier, 209 A.2d 485 (Vt. 1965). “ntiff replied to this motion that a previous suit was seasonably brought on August 16, 1960 in the United States District Court for Vermont; that the writ was dismissed by the District Court on June 17, 1961 without trial on the merits for the lack of jurisdiction and that this…”
Weisburgh v. McClure Newspapers, Inc., 396 A.2d 1388 (Vt. 1979). “As the order dismissing this complaint points out, if the filing of a complaint is to be effective in tolling the statute of limitations as of that filing date, timely service under the Rules of Civil Procedure must be accomplished.”
Schulman v. Saloon Beverage, Inc., 991 F. Supp. 2d 501 (D. Vt. 2014). “First, they suggest that their cause of action accrued on or after July 3, 2011 — or at least that it is impossible at present to conclude otherwise.”
Messier v. Bushman (Vt. Super. Ct. 2017). “Messier; (2) the court improperly relied on extra-pleading materials in analyzing the effectiveness of service; and (3) the court failed to consider the possibility of tolling pursuant to 12 V.S.A. § 552. Mr. Messier raises each of these issues for the first time post-judgment.”
— Vt. Stat. Ann. tit. 12, § 558(a)(1) — 2 cases
Jane Doe v. Victoria Camacho, 2024 VT 72 (Vt. 2024). “Plaintiff argues that, given the circumstances surrounding the dismissal of those claims, the trial court erred in concluding that the instant complaint was not timely filed under Vermont’s savings statute, 12 V.S.A. § 558, or, in the alternative, pursuant to the equitable-…”
gates v. mack molding (Vt. Super. Ct. 2024). “Gates also raises a separate legal issue: whether under 12 V.S.A. § 558, the operative or effective date of filing should be the date on which he filed his FEPA and WCA retaliation claims in federal court (May 6, 2022), rather than the date that such claims were filed in this…”
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