Menard v. Newhall
Supreme Court of Vermont
1Opinion of the CourtBillings, J.
On August 24, 1972, four grade school aged children engaged in a BB gun fight. As a result of the altercation, plaintiff-appellant Menard was struck in the eye and injured. The BB gun was owned and fired by defendant Newhall; it was manufactured and sold by defendant Daisy.
The parents of the defendant minors were joined in the action. Before jury empanelment, a settlement was reached between the plaintiff and defendants Newhall and Brule; however, no judgment was entered. Lack of a final judgment to these parties deprives this Court of jurisdiction. V.R.C.P. 54. By agreement of the parties,…
2Cases cited7 opinions
- Technical Chemical Company v. JacobsTexas Supreme Court · 1972
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- Nissen Trampoline Co. v. Terre Haute First Nat. Bk.Indiana Court of Appeals · 1975
- Shelby J. Burton, Administratrix of the Estate of Robert Lee Burton, Deceased v. L. O. Smith Foundry Products Co.Court of Appeals for the Seventh Circuit · 1976
- Zaleskie v. JoyceSupreme Court of Vermont · 1975
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3Cited by36 opinions
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- Moore v. Ford Motor Co.Supreme Court of Missouri · 2011
- Coffman v. Keene Corp.Supreme Court of New Jersey · 1993
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