Justia Civil Procedure Opinion Summaries

In 2012, Bill Simmon, an employee of Vermont Community Access Media, Inc. (VCAM), invited Ciara Kilburn and her minor sister Brona to VCAM’s premises to record a commercial. Simmon secretly recorded the sisters changing clothes using VCAM’s equipment and shared the videos online, where they were viewed millions of times. In 2020, the Kilburns filed a lawsuit against Simmon for invasion of privacy, intentional infliction of emotional distress (IIED), and negligence per se, and against VCAM for vicarious liability, negligence, and negligent infliction of emotional distress (NIED).The Superior Court, Chittenden Unit, Civil Division, dismissed claims against Vermont State Colleges and did not instruct the jury on vicarious liability or NIED. The jury found Simmon liable for invasion of privacy and IIED, and VCAM liable for negligent supervision. Each plaintiff was awarded $1.75 million in compensatory damages against both Simmon and VCAM, and $2 million in punitive damages against Simmon. The court denied VCAM’s motions to exclude evidence, for a new trial, and for remittitur, and also denied plaintiffs’ request to hold VCAM jointly and severally liable for Simmon’s damages.The Vermont Supreme Court affirmed the lower court’s decision. It held that emotional-distress damages were available to plaintiffs for VCAM’s negligent supervision because the claim was based on intentional torts (invasion of privacy and IIED) for which such damages are recoverable. The court found no error in the jury’s award of damages, concluding that the evidence supported the verdict and that the damages were not excessive. The court also ruled that plaintiffs waived their claim for joint and several liability by not objecting to the jury instructions or verdict form before deliberations. View "Kilburn v. Simmon" on Justia Law

The case involves a wrongful-death action brought by the Estate of Jared Shaffer, through Daniel Shaffer as administrator, against Northeast Kingdom Human Services, Inc. Jared Shaffer, a developmentally disabled adult, died on April 18, 2017, from a sudden pulmonary embolism caused by metastatic testicular cancer. The estate claimed that the defendant, responsible for overseeing Jared's Medicaid waiver funds and coordinating his care, was negligent in its duties, leading to Jared's death.Initially, the estate sued Heartbeet Lifesharing, Dr. Peter Sher, and the defendant in federal court, but the case was dismissed for lack of subject matter jurisdiction after a settlement with Dr. Sher’s medical practice. The estate then filed the wrongful-death action in the civil division against the defendant and Heartbeet. Before the trial, the estate settled with Heartbeet, leaving the case to be tried solely against the defendant. The defendant asserted a comparative negligence defense, implicating Daniel Shaffer, Jared's father and co-guardian, in Jared's death.The Vermont Supreme Court reviewed the case after the estate appealed a jury verdict in favor of the defendant. The estate argued that the trial court erred in instructing the jury on comparative negligence, providing misleading jury instructions, and sustaining objections to certain questions posed to the defendant’s corporate representative. The estate also contended that the jury deliberated too quickly and that the evidence overwhelmingly supported its claim of negligence.The Vermont Supreme Court found that while the trial court erred in conflating the identity of the plaintiff with Daniel Shaffer, the estate was not prejudiced because the jury never reached the question of comparative negligence, having found no negligence on the defendant's part. The court also upheld the trial court's evidentiary rulings and found no error in the jury's deliberation process. The jury's verdict in favor of the defendant was affirmed. View "Shaffer v. Northeast Kingdom Human Services, Inc." on Justia Law

A group of neighbors appealed the Environmental Division’s decision affirming the District 4 Environmental Commission’s granting of an Act 250 permit amendment to JAM Golf, LLC for the construction of a housing development on a lot that was formerly part of the Wheeler Nature Park in South Burlington, Vermont. The neighbors argued that the landowner was required to show changed circumstances to amend the permit and that the development did not comply with Act 250 Criteria 8 and 10.The Environmental Division held six days of trial and conducted a site visit. In August 2024, the court affirmed the Act 250 permit amendment with conditions related to noise and safety during the construction period, concluding that the project complied with all relevant Act 250 criteria. The court also determined that the application should not be denied on the grounds of inequitable conduct because the neighbors failed to support assertions that the landowner made material misrepresentations in its application and on appeal.The Vermont Supreme Court reviewed the case and concluded that the permit-amendment argument was not preserved for appeal because it was not included in the statement of questions presented to the Environmental Division. The court also found that the Environmental Division did not err in allowing the landowner to elect to be assessed against the updated 2024 City Plan rather than the 2016 City Plan. The court determined that the evidence supported the Environmental Division’s findings that the project complied with Act 250 Criteria 8 and 10, including visual aesthetics, noise, and compliance with the local or regional plan. The court affirmed the Environmental Division’s decision. View "In re Wheeler Parcel Act 250 Determination" on Justia Law

Landowners Anne and Mark Guillemette appealed an Environmental Division order denying their motion to dismiss neighbor Michael Casey’s appeal and remanding the matter to the Monkton Development Review Board (DRB) for consideration on the merits. Casey had challenged the zoning administrator’s decision that the Guillemettes’ wood-processing facility was exempt from enforcement due to the fifteen-year limitations period. Casey filed his appeal late, relying on incorrect instructions from the zoning administrator.The Environmental Division concluded that 10 V.S.A. § 8504(b)(2)(C) allowed Casey’s appeal to proceed despite the untimely filing, as disallowing the appeal would result in manifest injustice. The court remanded the matter to the DRB for consideration on the merits.The Vermont Supreme Court reviewed the case and reversed the Environmental Division’s decision. The Supreme Court held that 10 V.S.A. § 8504(b)(2)(C) does not apply to appeals from the decisions of municipal administrative officers, such as zoning administrators. Instead, it applies only to appeals from municipal regulatory proceedings to the Environmental Division. Therefore, the finality provision at 24 V.S.A. § 4472 barred Casey’s untimely appeal, and the Environmental Division lacked jurisdiction to permit the appeal to proceed. View "In re Guillemette ZA Determination Appeal" on Justia Law

Plaintiffs, Kristina and Stephen Polak, and defendants, Felipe Ramirez-Diaz and Yesica Sanchez de Ramirez, are neighbors in St. Albans. Plaintiffs filed a complaint against defendants alleging defamation, malicious prosecution, and intentional infliction of emotional distress (IIED) after defendants allegedly made false reports to police and the court accusing plaintiffs of criminal activity. Plaintiffs claimed that defendants falsely reported an assault and a gun threat, leading to anti-stalking complaints and an Extreme Risk Protection Order (ERPO) petition against Kristina Polak, which were ultimately denied. Plaintiffs also alleged that defendants repeated these false claims to neighbors and community members.The Superior Court, Franklin Unit, Civil Division, granted defendants’ special motion to strike plaintiffs’ claims under Vermont’s anti-SLAPP statute, concluding that defendants’ statements were protected petitioning activity in connection with public issues. The court also imposed a discovery sanction on plaintiffs for failing to respond to defendants’ interrogatories and requests for production, prohibiting plaintiffs from introducing evidence that should have been disclosed. The court subsequently awarded summary judgment to defendants on the remaining defamation claim, noting plaintiffs’ failure to identify specific defamatory statements or produce evidence of actual harm.The Vermont Supreme Court reviewed the case and concluded that the trial court erred in granting the special motion to strike. The Supreme Court held that defendants’ statements were not made in connection with a public issue, as they concerned a private dispute between neighbors and did not affect a large number of people or involve a matter of widespread public interest. The Supreme Court reversed the order granting the motion to strike and remanded for further proceedings on the stricken claims. However, the Supreme Court affirmed the trial court’s imposition of the discovery sanction and the award of summary judgment on the remaining defamation claim, finding no abuse of discretion. View "Polak v. Ramirez-Diaz" on Justia Law

M.R., a minor, was substantiated by the Department of Children and Families (DCF) for sexual abuse of another minor. DCF sent the notice of substantiation to M.R.'s father, who requested an administrative review but did not participate in it. The review upheld the substantiation, and M.R.'s father did not appeal further. M.R. later sought a second review from the Human Services Board after the appeal period had expired, claiming he was unaware of the substantiation and the review. The Board dismissed his appeal as untimely.The Human Services Board found that M.R.'s appeal was not filed within the required 30-day period after the administrative review decision. M.R. argued that he was entitled to personal notice under the statute, that the lack of direct notice deprived him of due process, and that there was good cause for his delay in filing the appeal. The Board rejected these arguments and dismissed the appeal.The Vermont Supreme Court reviewed the case and affirmed the Board's decision. The Court held that the statutory requirement to send notice to the minor's parents or guardian was sufficient and did not violate due process. The Court found that the procedures in place were reasonably calculated to apprise the minor and their parents of the substantiation decision and their rights to request reviews. The Court also held that there was no good cause for M.R.'s untimely appeal, as the failure to appeal was due to factors within his father's control. Therefore, the Board's dismissal of the appeal as untimely was upheld. View "In re Appeal of M.R." on Justia Law

The plaintiff filed a civil suit against the defendant, alleging defamation and intentional infliction of emotional distress (IIED) after the defendant reported to the police that the plaintiff had sexually and physically assaulted her. This report led to the plaintiff being criminally charged, arrested, and held without bail for almost two years before being acquitted. The plaintiff claimed that the defendant's report was false and made with malicious intent to harm him.The Superior Court, Windsor Unit, Civil Division, granted the defendant's motion for judgment on the pleadings, concluding that the defendant's statements to the police were absolutely privileged as communications preliminary to a judicial proceeding. The court also granted the defendant's special motion to strike under Vermont's anti-SLAPP statute, 12 V.S.A. § 1041, and awarded attorney’s fees to the defendant. The court reasoned that the defendant's statements were protected under the anti-SLAPP statute as an exercise of her right to petition the government.The Vermont Supreme Court affirmed the trial court's grant of judgment on the pleadings, agreeing that the defendant's statements to the police were absolutely privileged. The Court held that public policy supports extending absolute privilege to such statements to encourage free and full disclosure to law enforcement without fear of civil liability. The Court also affirmed the trial court's application of the anti-SLAPP statute, concluding that the defendant's statements were made in connection with a public issue and were an exercise of her constitutional rights. However, the Supreme Court remanded the case for the trial court to consider the plaintiff's constitutional challenges to the anti-SLAPP statute, which the trial court had not adequately addressed. View "Talandar v. Manchester-Murphy" on Justia Law

The Vermont Agency of Transportation (AOT) proposed a project to reconstruct the interchange between Interstate 89 and U.S. Routes 2 and 7 in Colchester, Vermont, into a Diverging Diamond Interchange (DDI). Timberlake Associates, LLP, the landowner of a gas station at the southeast corner of the interchange, contested the necessity of the land takings required for the project. Timberlake argued that AOT did not fulfill its pre-suit obligation to negotiate and that the trial court erred in its determination of necessity.The Superior Court, Chittenden Unit, Civil Division, held a four-day evidentiary hearing and concluded that Timberlake failed to demonstrate bad faith or abuse of discretion by AOT. The court found that AOT had satisfied its burden of demonstrating the necessity of taking Timberlake’s property to the extent proposed. Timberlake appealed the decision, arguing that AOT did not adequately consider the statutory factors of necessity and failed to negotiate in good faith.The Vermont Supreme Court reviewed the case and affirmed the lower court’s decision. The Court found that AOT presented sufficient evidence showing it considered the statutory factors, including the adequacy of other property and locations, the effect on the landowner’s convenience, and the environmental impacts. The Court also determined that AOT’s selection of the DDI design was justified based on its superior performance in increasing capacity, reducing congestion, and improving safety compared to other alternatives. Additionally, the Court concluded that AOT made reasonable efforts to negotiate with Timberlake before filing suit, as required by statute.The Vermont Supreme Court held that the trial court acted within its discretion in determining the necessity of the takings and that AOT fulfilled its pre-suit obligation to negotiate. The decision of the lower court was affirmed. View "Agency of Transportation v. Timberlake Associates, LLC" on Justia Law

Garret Hirchak, Manufacturing Solutions, Inc., and Sunrise Development LLC (plaintiffs) appealed a trial court's order dissociating Garret from Hirchak Brothers LLC and Hirchak Group LLC (defendants) and requiring the LLCs to pay over $900,000 in equity interest, unpaid compensation, and reimbursements. Plaintiffs argued that the trial court erred in not recognizing oppression by the majority members of the LLCs, treating a $300,000 down payment made by Garret as gratuitous, declining to order reimbursements for certain services and cash advances, and refusing to assess prejudgment interest on any of the reimbursements. Defendants cross-appealed, arguing that the court erred in awarding compensation to Garret after he breached his fiduciary duties.The Superior Court, Lamoille Unit, Civil Division, found that Garret had breached his fiduciary duties by failing to make explicit agreements on service rates and withholding financial records. The court ordered Garret's dissociation from the LLCs and required the LLCs to pay Garret $375,000 for his equity interest, $215,430 for cash advances made before March 2020, and $213,591.84 for unpaid compensation from October 2019 to January 2021. The court also ordered reimbursement of $71,537.64 and $50,214.57 for unpaid invoices from MSI and Sunrise, respectively, before March 2020. The court denied prejudgment interest on any reimbursements and rejected Garret's claim for the $300,000 down payment.The Vermont Supreme Court affirmed the trial court's decision, agreeing that Garret was not entitled to reimbursement for the $300,000 down payment or for cash advances and invoices after March 2020 due to his breach of fiduciary duties. The court also upheld the denial of prejudgment interest, finding it was within the trial court's discretion. However, the Supreme Court reversed the trial court's award of compensation to Garret after March 2020, concluding that his breach of fiduciary duties forfeited his right to compensation during that period. The case was remanded for a recalculation of the compensation due to Garret. View "Hirchak v. Hirchak" on Justia Law

The plaintiff, Jane Doe, filed a complaint against Victoria Camacho, alleging sexual harassment, assault, and exploitation while incarcerated. The claims were subject to a three-year statute of limitations starting in April 2020. Doe initially filed a similar complaint in June 2022, but Camacho was not properly served within the required 60 days. Despite multiple extensions and attempts, service was not completed until January 2023, after the deadline had passed. The court dismissed the claims against Camacho in the original case due to insufficient service.In the current case, Doe refiled the complaint in July 2023, arguing that the Vermont savings statute or equitable tolling should apply to extend the statute of limitations. The trial court dismissed the complaint as time-barred, finding that the savings statute did not apply because the failure to serve Camacho was not due to unavoidable accident or neglect by the process server. The court also rejected the equitable tolling argument, noting that the State's actions did not mislead Doe regarding service.The Vermont Supreme Court reviewed the case and affirmed the trial court's decision. The Court held that the savings statute did not apply because the failure to serve Camacho was due to Doe's lack of diligence, not an unavoidable accident or neglect by the process server. The Court also found that Doe did not preserve her equitable tolling argument for appeal, as it was not adequately presented in the lower court. Consequently, the dismissal of Doe's claims as time-barred was upheld. View "Doe v. Camacho" on Justia Law