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SMITH v. DESAUTELS

No. 06-146.

953 A.2d 620 (2008)

2008 VT 17

Carl M. SMITH v. Emile DESAUTELS and Desautels House Movers, Inc.

Supreme Court of Vermont.

March 7, 2008.

Attorney(s) appearing for the Case

Eugene Rakow of Eugene Rakow, P.C., and L. Maxwell Taylor and Alan Biederman of Biederman Law Office, Rutland, for Plaintiff-Appellant.

Andrew Jackson, Middlebury, for Defendants-Appellees.

Present: DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ., and COOK, D.J. (Ret.), Specially Assigned.

DOOLEY, J.

¶ 1. Plaintiff, Carl Smith, was working for defendants, Desautels House Movers, Inc. and Emile Desautels, when an acetylene tank fell on his hand and crushed it. Although defendants did not have workers' compensation insurance, they paid for workers' compensation benefits claimed and received by plaintiff. After exhausting his benefits, plaintiff brought this suit, seeking damages for defendants' negligence. The superior court granted summary judgment...

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