REED v. GLYNN

No. 97-468.

724 A.2d 464 (1998)

Robert REED v. John GLYNN.

Supreme Court of Vermont.

December 18, 1998.


Attorney(s) appearing for the Case

Claude T. Buttrey of Schuster, Buttrey & Wing, P.A., Lebanon, New Hampshire, for Plaintiff-Appellant.

Potter Stewart, Jr., Brattleboro, and William C. Saturley and Gordon J. MacDonald of Nelson, Kinder, Mosseau & Gordon, P.C., Manchester, New Hampshire, for Defendant-Appellee.

Present: AMESTOY, C.J., and DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.


DOOLEY, J.

Plaintiff Robert Reed appeals from an adverse judgment entered in the superior court on his claim of malpractice against defendant, John Glynn, the attorney who represented him at state expense in a probation revocation proceeding. Plaintiff argues that the trial court erred in determining that his exclusive right of action is against the state. We agree with the plaintiff and, accordingly, reverse.

The material facts are not in dispute. The defender...

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