Hardingham v. United Counseling Service of Bennington County, Inc.

I disagree with the court’s conclusion that there was insufficient evidence for a jury to find that defendants were grossly negligent. Accordingly, I dissent.

The narrow question that divides us is as follows:

Whether the medical director of a crisis intervention and alcohol treatment agency, who observes an intoxicated person drink windshield wiper fluid, can be found grossly negligent when he obtains medical assistance for the intoxicated person but fails to inform the medical care provider that the intoxicated person drank windshield wiper fluid.

The question is replicated for the other…