McKenna v. May

The trial court granted the plaintiff’s motion to set aside the verdict in favor of the defendant and ordered a new trial. At the request of the defendant, the lower court certified that ruling here for review because the order for a new trial was not a final judgment. See Grow v. Wolcott, 123 Vt. 490, 492, 194 A.2d 403 (1963).

The plaintiff’s action was one for damages, both compensatory and punitive. It arose as a result of the plaintiff being shot in the right thigh, from behind, by the defendant, while he was on the defendant’s premises.

Certain facts are virtually undisputed by the…