Smith v. Gainer

Plaintiff, George Smith, appeals from a decision of the Rutland Superior Court granting the directed verdict motion of defendant, Bonnie Gainer, in a motor vehicle accident case. At the close of the plaintiff’s case, the trial court concluded that the evidence, taken in a light most favorable to the plaintiff, did not support a finding that defendant was negligent. The court rejected an alternative ground for the motion that a release given in connection with defendant’s claim against plaintiff barred the action. We affirm the decision with respect to the release but reverse the grant of the…