Legal Opinion
Demag v. Better Power Equipment, Inc.
Supreme Court of Vermont
Decided July 18, 2014No. 2013-120PublishedCited by 59 opinions
1Opinion of the CourtDooley, J.
¶ 1. Plaintiff Rodney Demag appeals a summary judgment decision of the superior court against him in this personal injury case. Consistent with our current negligence law, the trial court found that plaintiff was a licensee of defendant, Better Power Equipment, Inc. (BPE), rather than an invitee. It then concluded that plaintiff was entitled to a lesser standard of care from BPE, which allowed for summary judgment against him. We determine that the time has come to abolish Vermont’s common-law negligence distinction between licensees and invitees and reverse and remand.
¶ 2. As found by the…
2Cases cited28 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Rowland v. ChristianCalifornia Supreme Court · 1968
- Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
- Mounsey v. EllardMassachusetts Supreme Judicial Court · 1973
- Ralph D. Smith and Thelma Smith v. Arbaugh's Restaurant, Inc., a Body CorporateCourt of Appeals for the D.C. Circuit · 1973
23 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
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- Matthew Ziniti v. New England Central Railroad, Inc.Supreme Court of Vermont · 2019
- Ainsworth v. Chandler and Chandler Electric Company, Chandler v. Concord Group Insurance Company and Campbell & Boyd Insurance ServicesSupreme Court of Vermont · 2014
54 more not listed; retrieve them via the Exa API.