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FAULKNER v. CALEDONIA COUNTY FAIR ASS'N

No. 03-433.

869 A.2d 103 (2004)

2004 VT 123

Dorrie L. FAULKNER v. CALEDONIA COUNTY FAIR ASSOCIATION and MARC'S AMUSEMENT CO., INC.

Supreme Court of Vermont.

Motion for Reargument Denied January 31, 2005.

Attorney(s) appearing for the Case

Jan Peter Dembinski of Jan Peter Dembinski, P.L.C., Woodstock, and Herbert G. Ogden of Liccardi Crawford & Ogden, P.C., Rutland, for Plaintiff-Appellant.

John Paul Faignant of Miller Faignant & Behrens, P.C., Rutland, for Defendants-Appellees.

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

SKOGLUND, J.

¶ 1. In this personal injury action, plaintiff appeals the Caledonia Superior Court's August 28, 2003 decision granting defendants' motion to dismiss. Plaintiff argues on appeal that this action is sufficiently distinct from the lawsuit she filed, and eventually won, for injuries sustained as a result of the same occurrence giving rise to her current lawsuit. Because we agree with the trial court that the doctrine of claim preclusion bars plaintiff...

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