Legal Opinion

Menard v. Newhall

Supreme Court of Vermont

Decided February 1, 1977No. 201-76PublishedCited by 36 opinions

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

  1. Technical Chemical Company v. JacobsTexas Supreme Court · 1972
  2. Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937
  3. Nissen Trampoline Co. v. Terre Haute First Nat. Bk.Indiana Court of Appeals · 1975
  4. 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
  5. Zaleskie v. JoyceSupreme Court of Vermont · 1975

2 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Geraldine McCULLOCK, Plaintiff-Appellee, v. H.B. FULLER COMPANY, Defendant-AppellantCourt of Appeals for the Second Circuit · 1995
  2. Eagle-Picher Industries, Inc. v. BalbosCourt of Appeals of Maryland · 1992
  3. Tabieros v. Clark Equipment Co.Hawaii Supreme Court · 1997
  4. Moore v. Ford Motor Co.Supreme Court of Missouri · 2011
  5. Coffman v. Keene Corp.Supreme Court of New Jersey · 1993

31 more not listed; retrieve them via the Exa API.

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