COLLINS v. THOMAS

No. 05-536.

938 A.2d 1208 (2007)

2007 VT 92

Sally A. COLLINS, Administratrix of the Estate of David Collins and Individually, Chuck Collins and Amanda Collins v. Nathan THOMAS and Bradford Garland.

Supreme Court of Vermont.

August 24, 2007.


Attorney(s) appearing for the Case

John P. Wesley, J.

Jesse M. Corum, IV of Gale, Corum, Mabie, Cook & Prodan, Brattleboro, for Plaintiffs-Appellants.

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

Present: REIBER, C.J., DOOLEY, JOHNSON and SKOGLUND, JJ., and DAVENPORT, Supr. J., Specially Assigned.


DOOLEY, J.

¶ 1. This is a wrongful death action on behalf of David Collins, who died tragically at age twenty after falling from the back of a pickup truck driven by his friend, defendant Bradford Garland. Plaintiffs, the estate of Collins, his parents, and sister, appeal an order of the superior court finding defendant not liable as a matter of law and granting him summary judgment. Plaintiffs contend that: (1) but for defendant's negligence in driving an uninspected...

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