McCormack v. State

Plaintiffs, Josephine and John McCormack, appeal from judgment notwithstanding the verdict entered by the Windsor Superior Court in favor of defendants the State of Vermont, Harry Philip Brown and Aime Bellavance & Sons, Inc.* We affirm in part and reverse in part.

*444Taking the evidence in the light most favorable to plaintiffs as the nonmoving parties, Kinzer v. Degler Corp., 145 Vt. 410, 412, 491 A.2d 1017, 1018 (1985), the record discloses the following facts.

On February 6, 1982, Josephine McCormack (hereinafter “plaintiff”) was driving south on Route 14 in South Randolph, when the small…