COLL v. JOHNSON

No. 92-526.

636 A.2d 336 (1993)

Rene W. COLL, Jr. v. John E. JOHNSON and City of Rutland.

Supreme Court of Vermont.

November 19, 1993.


Attorney(s) appearing for the Case

Richard S. Bloomer of Bloomer & Bloomer, P.C., Rutland, for plaintiff-appellant.

Peter W. Hall of Abell, Kenlan, Schwiebert & Hall, P.C., Rutland, for defendants-appellees.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.


GIBSON, Justice.

Plaintiff Rene Coll was wounded when defendant Officer John Johnson shot him during the course of an arrest. Coll sued Johnson and the City of Rutland for gross negligence. After trial, the jury could not reach a verdict and the court declared a mistrial. Defendants subsequently moved for a directed verdict, which the trial court granted. We reverse.

At approximately 2:30 a.m. on September 21, 1988, Rene Coll and a companion robbed a convenience...

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