Virginia Fila v. Spruce Mountain Inn

Reiber, J.,

¶ 22. dissenting. I agree with the majority that the trial court applied an erroneous definition of “insanity” under 12 V.S.A. § 551. I respectfully disagree, however, with the majority’s holding that the trial court erred as matter of law when it held that insufficient evidence existed to send the issue to the jury under Vermont Rule of Civil Procedure 50. Other than the periods of hospitalization, plaintiff did not submit enough evidence to warrant consideration by the jury. To the contrary, the record demonstrates that she understood legal issues involving paternity, child…