BARBER v. LaFROMBOISE

No. 05-006.

908 A.2d 436 (2006)

2006 VT 77

Edward J. BARBER v. Lucy LaFROMBOISE.

Supreme Court of Vermont.

August 4, 2006.


Attorney(s) appearing for the Case

Deborah T. Bucknam and Jennifer Bucknam Black of Deborah Bucknam Associates, St. Johnsbury, for Plaintiff-Appellant.

Robin Ober Cooley of Pierson Wadhams Quinn Yates & Coffrin, Burlington, for Defendant-Appellee.

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


REIBER, C.J.

¶ 1. Plaintiff in this personal injury case appeals from a judgment, based on a jury verdict, in favor of defendant. Plaintiff asserts, among other claims, that the trial court committed prejudicial error in refusing to instruct that defendant had the burden to prove the essential elements of her affirmative defense of comparative negligence. We agree, and therefore reverse the judgment and remand for further proceedings.

¶ 2. The record...

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