Legal Opinion

Quesnel v. Town of Middlebury

Supreme Court of Vermont

Decided November 14, 1997No. 96-553PublishedCited by 26 opinions

1Opinion of the CourtAmestoy, C.J.

Plaintiffs Thomas and Elizabeth Quesnel, parents of the decedent Matthew J. Quesnel, and Thomas Quesnel, as co-administrator of decedent’s estate, appeal from a decision dismissing their wrongful death action for failure to state a claim for which relief may be granted. Plaintiffs claim the court erred by ruling that (1) decedent’s wife and child may not disclaim their statutory status as next of kin, allowing recovery for the loss suffered by decedent’s parents, (2) decedent’s parents have no common-law cause of action for wrongful death, and (3) providing wrongful death recovery to parents…

2Cases cited14 opinions

  1. Parham v. HughesSupreme Court of the United States · 1979
  2. Shields v. GerhartSupreme Court of Vermont · 1995
  3. Levinsky v. DiamondSupreme Court of Vermont · 1989
  4. Thayer v. HerdtSupreme Court of Vermont · 1990
  5. Clymer v. WebsterSupreme Court of Vermont · 1991

9 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Mellin v. Flood Brook Union School DistrictSupreme Court of Vermont · 2001
  2. Sorge v. StateSupreme Court of Vermont · 2000
  3. Holton v. Department of Employment & TrainingSupreme Court of Vermont · 2005
  4. Paul Flint v. Department of LaborSupreme Court of Vermont · 2017
  5. Nelson v. Town of St. Johnsbury, LaMotte, Oddy, Ruggles, Rust, Timson and Town of St. JohnsburySupreme Court of Vermont · 2015

21 more not listed; retrieve them via the Exa API.

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