KENNERY v. STATE

No. 10-448.

38 A.3d 35 (2011)

2011 VT 121

Andrew V. KENNERY, Administrator of the Estate of Gladys M. Kennery v. STATE of Vermont, Travis L. Valcourt, Francis J. LaBombard, III and Other Unknown Members of the Department of Public Safety.

Supreme Court of Vermont.

November 23, 2011.


Attorney(s) appearing for the Case

Thomas W. Costello of Thomas W. Costello, P.C., and Timothy J. O'Connor, Jr. , of O'Connor Law Offices, Brattleboro, for Plaintiff-Appellant.

William H. Sorrell , Attorney General, and Mark J. Patane , Assistant Attorney General, Montpelier, for Defendants-Appellees.

Present: DOOLEY, JOHNSON and SKOGLUND, JJ., and TOOR and BENT, Supr. JJ., Specially Assigned.


DOOLEY, J.

¶ 1. Plaintiff Andrew Kennery, on behalf of the estate of Gladys Kennery, appeals the decision of the Windham Superior Court granting the State of Vermont's motion for summary judgment on plaintiff's complaint alleging negligence, gross negligence, and civil rights violations against the State of Vermont, Vermont State Troopers Travis Valcourt and Francis LaBombard, III, and the Vermont Department of Public Safety (VDPS). Plaintiff's lawsuit stems...

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