Legal Opinion

Dubaniewicz v. Houman

Supreme Court of Vermont

Decided September 15, 2006No. 04-306PublishedCited by 12 opinions

1Opinion of the CourtDooley, J.

¶ 1. Plaintiff appeals the superior court’s order denying him any damages for the default judgment he obtained in this wrongful death action. We concur with the court’s ruling that plaintiff is not entitled to damages for the decedent’s alleged pain and suffering, but we conclude that the court erred by refusing to compensate plaintiff for funeral and burial expenses and by holding that the loss of companionship of an adult sibling is not compensable under the wrongful death act. Accordingly, we affirm in part, reverse in part, and remand the matter for further consideration in light of this…

2Cases cited15 opinions

  1. Clymer v. WebsterSupreme Court of Vermont · 1991
  2. In re Estate of WoolleySupreme Court of Vermont · 1922
  3. Estate of Long Ex Rel. Smith v. Broadlawns Medical CenterSupreme Court of Iowa · 2003
  4. Quesnel v. Town of MiddleburySupreme Court of Vermont · 1997
  5. Lazelle v. Town of NewfaneSupreme Court of Vermont · 1898

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3Cited by12 opinions

  1. C. Paige Hinkson v. Stuart StevensSupreme Court of Vermont · 2020
  2. Goodby v. Vetpharm, Inc.Supreme Court of Vermont · 2009
  3. Kapusta v. Department of Health/Risk ManagementSupreme Court of Vermont · 2009
  4. Scheele v. DustinSupreme Court of Vermont · 2010
  5. Bilodeau v. Usinage Berthold, Inc.District Court, D. Vermont · 2024

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