Legal Opinion
Dutil v. Mayette
District Court, D. Vermont
Decided February 4, 1975No. Civ. No. 73-138PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
HOLDEN, District Judge.
The defendant has moved to dismiss this wrongful death action (14 V.S.A. §§, 1491, 1492) on two grounds: (1) the action is barred by the applicable statute of limitations and (2) the plaintiff, by failing to procure ancillary letters of administration in Vermont, lacks capacity to bring this suit. The Court’s finding that the plaintiff does lack capacity to bring this suit makes it unnecessary to reach the statute of limitations issue.
At the hearing on January 3, 1975 on these two affirmative defenses, plaintiff’s counsel conceded that the plaintiff…
2Cases cited3 opinions
- Weinstein v. Medical Center Hospital of Vermont, Inc.District Court, D. Vermont · 1972
- Bethel Mills, Inc. v. WhitcombSupreme Court of Vermont · 1950
- Jacques v. JacquesSupreme Court of Vermont · 1969
3Cited by2 opinions
- Dutil v. MayetteCourt of Appeals for the Second Circuit · 1975
- Evelyn Dutil, Administratrix of the Estate of Raymond Dutil v. Marlin M. MayetteCourt of Appeals for the Second Circuit · 1975