Legal Opinion
Estella McClellan, Administrator of the Estate of Betty Jo McClellan v. Jeffrey E. Haddock, M.D. and Thomas Chittenden Health Center, PLC
Supreme Court of Vermont
Decided March 3, 2017No. 2016-071PublishedCited by 12 opinions
1Opinion of the CourtSkoglund, J.
¶ 1. Plaintiff in this wrongful-death action appeals from a trial court judgment dismissing her complaint as untimely. Plaintiff contends the trial court erred in: (1) denying her motion to amend the complaint to include a certificate of merit; (2) declining to treat the motion to amend as a petition to extend the statute of limitations; and (3) dismissing a claim for personal injuries incurred during the decedent's lifetime. We affirm.
¶ 2. As this appeal is from dismissal of a complaint, we assume all well-pled allegations to be true. Richards v. Town of Norwich , 169 Vt. 44 , 48-49, 726…
2Cases cited19 opinions
- Roth v. JenningsCourt of Appeals for the Second Circuit · 2007
- Mahoney v. Doerhoff Surgical Services, Inc.Supreme Court of Missouri · 1991
- Scarsella v. PollakMichigan Supreme Court · 2000
- Richards v. Town of NorwichSupreme Court of Vermont · 1999
- Tarrant v. Department of TaxesSupreme Court of Vermont · 1999
14 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Michael Quinlan, of the Estate of Lincy Sullivan v. Five-Town Health Alliance, Inc., dba Mountain Health Center and Sean May, PA-CSupreme Court of Vermont · 2018
- Sheryl Weitz v. Theodore WeitzSupreme Court of Vermont · 2019
- Renee Bittner, as Administrator of the Estate of Joshua Bittner v. Centurion of Vermont, LLCSupreme Court of Vermont · 2021
- Toensing v. Attorney Gen. of Vt.Supreme Court of Vermont · 2019
- Branchwood Housing v. TaborVermont Superior Court · 2025
7 more not listed; retrieve them via the Exa API.