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PERRY v. GREEN MOUNTAIN MALL

No. 02-534.

857 A.2d 793 (2004)

2004 VT 69

Sandra PERRY v. GREEN MOUNTAIN MALL and Raymond J. Heath d/b/a Heath Construction.

Supreme Court of Vermont.

July 30, 2004.

Attorney(s) appearing for the Case

Robin C. Curtiss, Lara J. Saffo and Edward M. Van Dorn, Jr. of Van Dorn & Curtiss, P.L.L.C., Orford, NH, for Plaintiff-Appellant.

Keith Aten of Aten Clayton & Eaton, P.L.L.C., Littleton, NH, for Defendant-Appellee Green Mountain Mall.

William D. Riley of Paul, Frank & Collins, Burlington, for Defendant-Appellee Heath.

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

¶ 1. AMESTOY, C.J.

This appeal arises from a jury verdict apportioning more than 50% of the fault for a parking lot accident to plaintiff-appellant Sandra Perry. Appellant argues (1) the trial court's dismissal of defendant-appellee Raymond Heath from the case was error because the court improperly concluded that Heath did not owe a duty of care to plaintiff-appellant pursuant to the Restatement (Second) of Torts § 324A; and (2) the error was not harmless...

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