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McCORMACK v. STATE

Nos. 86-167, 86-271.

553 A.2d 566 (1988)

Josephine McCORMACK and John McCormack v. STATE of Vermont, Harry Philip Brown and Aime Bellavance & Sons, Inc.

Supreme Court of Vermont.

September 30, 1988.

Attorney(s) appearing for the Case

William B. Miller, Jr. and Heather R. Wishik of Langrock Sperry Parker & Wool, Middlebury, for plaintiffs-appellants.

Mark H. Kolter and Harold P. Berger of Ryan Smith & Carbine, Ltd., Rutland, for defendant-appellee State.

Dorothy L. Helling and Peter B. Joslin of Theriault & Joslin, P.C., Montpelier, for defendants-appellees Brown and Aime Bellavance & Sons, Inc.

Before PECK and DOOLEY, JJ., BARNEY, C.J. (Ret.) and KEYSER, J. (Ret.), Specially Assigned.

PECK, Justice.

Plaintiffs, Josephine and John McCormack, appeal from judgment notwithstanding the verdict entered by the Windsor Superior Court in favor of defendants the State of Vermont, Harry Philip Brown and Aime Bellavance & Sons, Inc.* We affirm in part and reverse in part.

Taking the evidence in the light most favorable to plaintiffs as the nonmoving parties, Kinzer v. Degler Corp., 145 Vt. 410, 412,

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