MARTINEAU v. GUERTIN

No. 98-181.

751 A.2d 776 (2000)

Micheline M. MARTINEAU v. Normand GUERTIN.

Supreme Court of Vermont.

March 24, 2000.


Attorney(s) appearing for the Case

Philip C. Woodward of Dinse, Knapp & McAndrew, P.C., Burlington, and John A. Baglini of Higgins & Slattery, Providence, Rhode Island, for Plaintiffs-Appellants.

Thomas E. McCormick and Thomas P. Simon of McCormick, Fitzpatrick, Kasper & Burchard, P.C., Burlington, for Defendant-Appellee.

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


MORSE, J.

Micheline Martineau, executrix of the estate of her deceased husband Jean Martineau, and other family members appeal the superior court's summary judgment applying Quebec law and dismissing their wrongful death suit. We conclude that the superior court should have allowed plaintiffs' suit to proceed under Vermont law; accordingly, we reverse the court's decision and remand the matter for further proceedings.

The material facts are not in dispute...

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