Vt. Stat. Ann. » Title 14 Chapter 71
Vermont Statutes Annotated

Vt. Stat. Ann. tit. 14, § 1492 (2026)

✓ current as of May 2026
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Subchapter 003 : WRONGFUL DEATH

(Cite as: 14 V.S.A. § 1492)
Notes of Decisions
Cited in 75 cases (14 in the last 5 years), 1963–2026 · leading case: In re Est. of Dezotell, 2016 VT 14 (Vt. 2016).
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In re Est. of Dezotell, 2016 VT 14 (Vt. 2016). · cites it 21× “The trial court noted that, under settled law, the “pecuniary injuries suffered” by the parties under 14 V.S.A. § 1492, were not limited to purely economic losses, but could also 1 We refer to the parties by their first names solely for ease of identification.”
Hartnett v. Union Mut. Fire Ins., 569 A.2d 486 (Vt. 1989). · cites it 10× “14 V.S.A. § 1492(b). We have not had the occasion to interpret this language.”
Hay v. Med. Ctr. Hosp. of Vermont, 496 A.2d 939 (Vt. 1985). · cites it 4× “" 14 V.S.A. § 1492(b) (Supp.1984). In a case involving minor children whose father had been killed, this Court held that the loss of the children's mental, moral and physical training by their dead father was properly included in the term "pecuniary loss.”
Estella McClellan, Adm'r of the Est. of Betty Jo McClellan v. Jeffrey E. Haddock, M.D. & Thomas Chittenden Health Ctr., PLC, 2017 VT 13 (Vt. 2017). · cites it 4× “5 available to the heirs of Plaintiff’s Decedent resulting from her death pursuant to 14 V.S.A. § 1492. (Emphasis added.) Title 14, § 1492 codifies the right of action by a decedent’s estate to recover for the wrongful death of the decedent.”
Laura Clark as Pers. Rep. of the Est. of Christopher Tylie Jackson-Clark v. Richard Baker, M.D., Mary Beerworth, M.D., 2016 VT 42 (Vt. 2016). · cites it 3× “The trial court’s reason for denying the motions to dismiss, applicable to both defendants, is its finding of excusable neglect *615 and the determination that it can extend the period for service retroactively despite the expiration of the limitation period set by 14 V.S.A. §…”
Thayer v. Herdt, 586 A.2d 1122 (Vt. 1990). · cites it 4× “2 Defendant Herdt moved from Vermont to Ohio shortly after the acts complained of and has resided there since with no known property within the state of Vermont. Plaintiff argues that the statute is clear and unambiguous and that its plain meaning controls.”
Sanchez v. Schindler, 651 S.W.2d 249 (Tex. 1983). · cites it 2× “020 (1981); Vt.Stat.Ann. tit. 14 § 1492(b) (Supp.1982); Va.”
Leo v. Hillman, 665 A.2d 572 (Vt. 1995). · cites it 4× “Plaintiffs also assert that “the Vermont wrongful death act incorporates the concept of accrual, because the word ‘accrues’ appears three times in 14 V.S.A. § 1492. All such references, however, are to defendants who are out of state when the wrongful death action accrues.”
Baker v. State, 744 A.2d 864 (Vt. 1999). · cites it 2× “§ 903; the right to bring a lawsuit for the wrongful death of a spouse, under 14 V.S.A. § 1492; the right to bring an action for loss of consortium, under 12 V.”
Mobbs v. Cent. Vermont Ry., 553 A.2d 1092 (Vt. 1988). · cites it 4× “See 14 V.S.A. § 1492(b). 1 The *313 court also found that no evidence had been introduced as to these potential avenues of recovery in support of plaintiff’s claim.”
Calhoun v. Blakely, 564 A.2d 590 (Vt. 1989). · cites it 5× “This action was brought pursuant to 14 V.S.A. § 1492(c) seeking an order distributing proceeds of a wrongful death action.”
Dubaniewicz v. Houman, 2006 VT 99 (Vt. 2006). · cites it 3× “Our wrongful death statute allows the court or jury to “give such damages as are just, with reference to the pecuniary injuries resulting from such death, to the wife and next of kin or husband and next of kin, as the case may be.”
Show all 75 citing cases →
— Vt. Stat. Ann. tit. 14, § 1492(a) — 21 cases
Laura Clark as Pers. Rep. of the Est. of Christopher Tylie Jackson-Clark v. Richard Baker, M.D., Mary Beerworth, M.D., 2016 VT 42 (Vt. 2016). “The trial court’s reason for denying the motions to dismiss, applicable to both defendants, is its finding of excusable neglect *615 and the determination that it can extend the period for service retroactively despite the expiration of the limitation period set by 14 V.S.A. §…”
Leo v. Hillman, 665 A.2d 572 (Vt. 1995). “Plaintiffs also assert that “the Vermont wrongful death act incorporates the concept of accrual, because the word ‘accrues’ appears three times in 14 V.S.A. § 1492. All such references, however, are to defendants who are out of state when the wrongful death action accrues.”
Thayer v. Herdt, 586 A.2d 1122 (Vt. 1990). “2 Defendant Herdt moved from Vermont to Ohio shortly after the acts complained of and has resided there since with no known property within the state of Vermont. Plaintiff argues that the statute is clear and unambiguous and that its plain meaning controls.”
Collins v. Sotka, 692 N.E.2d 581 (Ohio 1998).
Michael Quinlan, of the Est. of Lincy Sullivan v. Five-Town Health All., Inc., dba Mountain Health Ctr. & Sean May, PA-C, 192 A.3d 390 (Vt. 2018).
— Vt. Stat. Ann. tit. 14, § 1492(b) — 20 cases
Hartnett v. Union Mut. Fire Ins., 569 A.2d 486 (Vt. 1989). “14 V.S.A. § 1492(b). We have not had the occasion to interpret this language.”
Hay v. Med. Ctr. Hosp. of Vermont, 496 A.2d 939 (Vt. 1985). “" 14 V.S.A. § 1492(b) (Supp.1984). In a case involving minor children whose father had been killed, this Court held that the loss of the children's mental, moral and physical training by their dead father was properly included in the term "pecuniary loss.”
Sanchez v. Schindler, 651 S.W.2d 249 (Tex. 1983). “020 (1981); Vt.Stat.Ann. tit. 14 § 1492(b) (Supp.1982); Va.”
Mobbs v. Cent. Vermont Ry., 553 A.2d 1092 (Vt. 1988). “See 14 V.S.A. § 1492(b). 1 The *313 court also found that no evidence had been introduced as to these potential avenues of recovery in support of plaintiff’s claim.”
Dubaniewicz v. Houman, 2006 VT 99 (Vt. 2006). “Our wrongful death statute allows the court or jury to “give such damages as are just, with reference to the pecuniary injuries resulting from such death, to the wife and next of kin or husband and next of kin, as the case may be.”
— Vt. Stat. Ann. tit. 14, § 1492(c) — 19 cases
In re Est. of Dezotell, 2016 VT 14 (Vt. 2016). “The trial court noted that, under settled law, the “pecuniary injuries suffered” by the parties under 14 V.S.A. § 1492, were not limited to purely economic losses, but could also 1 We refer to the parties by their first names solely for ease of identification.”
Calhoun v. Blakely, 564 A.2d 590 (Vt. 1989). “This action was brought pursuant to 14 V.S.A. § 1492(c) seeking an order distributing proceeds of a wrongful death action.”
Bassett v. Vermont Tax Dep't, 376 A.2d 731 (Vt. 1977).
In Re Willey, 2010 VT 93 (Vt. 2010).
Est. of Tilton v. Lamoille Superior Court, 531 A.2d 919 (Vt. 1987).
— Vt. Stat. Ann. tit. 14, § 1492(c)(6) — 1 case
Calhoun v. Blakely, 564 A.2d 590 (Vt. 1989). “This action was brought pursuant to 14 V.S.A. § 1492(c) seeking an order distributing proceeds of a wrongful death action.”
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