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FILA v. SPRUCE MOUNTAIN INN

No. 03-530.

885 A.2d 723 (2005)

2005 VT 77

Virginia FILA v. SPRUCE MOUNTAIN INN and Candace Beardsley.

Supreme Court of Vermont.

August 5, 2005.

Attorney(s) appearing for the Case

Allison A. Ericson of Law Offices of Daniel M. Sedon, P.C., Chelsea, for Plaintiff-Appellant Cross-Appellee.

John Davis Buckley and Laura Q. Pelosi of Theriault & Joslin, P.C., Montpelier, for Defendant-Appellee Cross-Appellant.

Present: DOOLEY, JOHNSON, SKOGLUND and REIBER, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.

¶ 1. SKOGLUND, J.

Plaintiff Virginia Fila appeals from a superior court judgment in favor of defendants Spruce Mountain Inn (SMI) and Candace Beardsley. Plaintiff contends that, in granting judgment as a matter of law in favor of defendants, the trial court: (1) applied an incorrect standard in determining whether plaintiff was incapacitated for purposes of tolling the statute of limitations; (2) erroneously ruled that the question of plaintiff's incapacity was...

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