Johnson v. Hoisington, No. 30-76
| Docket Nº | No. 30-76 |
| Citation | 367 A.2d 680, 134 Vt. 544 |
| Case Date | November 10, 1976 |
| Court | United States State Supreme Court of Vermont |
Page 680
v.
Lynwood P. HOISINGTON.
Page 681
[134 Vt. 545] Garfield H. Miller of Black & Plante, White River Junction, for plaintiff.
Downs, Rachlin & Martin, St. Johnsbury, for defendant.
Before [134 Vt. 544] BARNEY, C. J., and SMITH, DALEY, LARROW and BILLINGS, JJ.
[134 Vt. 545] BARNEY, Chief Justice.
An accident between a motorcycle and a pick-up truck brought about this lawsuit. The rider of the motorcycle was killed, and this action was brought by his representative against the driver of the truck. At the close of the plaintiff's case the lower court granted a motion for a directed verdict in favor of the defendant. This appeal followed.
The motion was granted on two grounds: first, that no negligence on the part of the defendant had been established as a matter of law; and second, that, in any event, the proof as to damages was insufficient. This case did come under the provisions of the comparative negligence statute, 12 V.S.A. § 1036. Although this statute removes the former requirement that a plaintiff establish his own total freedom from negligence, it does not lessen his obligation to affirmatively make out a claim of negligence against the defendant.
The deceased was twenty-one years old and a recently discharged serviceman. On the day of the accident he was proceeding easterly along Vermont Route 44. The defendant was [134 Vt. 546] entering Route 44 from a private
Page 682
driveway. He was, at the time, nineteen and driving his father's truck to pick up a bale of hay from the farm at the end of the driveway. The accident happened as he was exiting from the driveway on the return trip. The day was September 26, 1971, and the time between six and six-thirty in the evening.As the deceased traveled Route 44 from the west approaching the driveway, he disappeared into a dip in which the road curved, not to reappear until he was some 247 feet westerly of the driveway. The defendant had stopped before entering the highway to let traffic pass from both directions, and it is conceded that he intended to cross the eastbound lane and turn left to go west. After he had looked both ways and started into the highway, he saw the deceased approaching from his left at a high rate of speed. He immediately stopped astride the eastbound lane, blocking it, and was struck by the motorcycle. The only suggestion of its speed arose from a speedometer jammed at 76 miles per hour, but it was never established whether the impact or actual speed was...
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Kellogg v. Wyeth, Case No. 2:07–cv–82.
...suffered, rather than the label on the cause of action, and concluded that the personal injury statute of limitations applied. Kinney, 367 A.2d at 680. Wyeth insists that Kellogg's claims arise out of a sale of goods, that Kellogg was in privity with Wyeth, and that therefore the sales cont......
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Fitzgerald v. Congleton, 86-558
...has been predicated upon the nature of the harm for which recovery is sought and not upon the nature of the action brought." Id. at 575, 367 A.2d at 680. In Kinney, the plaintiff had received personal injuries caused by the bursting of a new tire that he was mounting, and the issue was whet......
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Lemnah v. American Breeders Service, Inc., 82-126
...look at the evidence of damages in the light most favorable to the plaintiff and exclude any modifying evidence. Johnson v. Hoisington, 134 Vt. 544, 546, 367 A.2d 680, 682 (1976). The general rule for determining damages is that the jury should estimate the amount within reasonable limits b......
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In re Estate of Dezotell, 14–296.
...in their very nature, are not susceptible of exact computation.’ ” Mobbs, 150 Vt. at 316, 553 A.2d at 1096 (quoting Johnson v. Hoisington, 134 Vt. 544, 547, 367 A.2d 680, 682 (1976) ) (internal alteration omitted). Once 140 A.3d 808 the beneficiaries' respective losses—whether their collect......
-
Kellogg v. Wyeth, Case No. 2:07–cv–82.
...suffered, rather than the label on the cause of action, and concluded that the personal injury statute of limitations applied. Kinney, 367 A.2d at 680. Wyeth insists that Kellogg's claims arise out of a sale of goods, that Kellogg was in privity with Wyeth, and that therefore the sales cont......
-
Fitzgerald v. Congleton, 86-558
...has been predicated upon the nature of the harm for which recovery is sought and not upon the nature of the action brought." Id. at 575, 367 A.2d at 680. In Kinney, the plaintiff had received personal injuries caused by the bursting of a new tire that he was mounting, and the issue was whet......
-
Lemnah v. American Breeders Service, Inc., 82-126
...look at the evidence of damages in the light most favorable to the plaintiff and exclude any modifying evidence. Johnson v. Hoisington, 134 Vt. 544, 546, 367 A.2d 680, 682 (1976). The general rule for determining damages is that the jury should estimate the amount within reasonable limits b......
-
In re Estate of Dezotell, 14–296.
...in their very nature, are not susceptible of exact computation.’ ” Mobbs, 150 Vt. at 316, 553 A.2d at 1096 (quoting Johnson v. Hoisington, 134 Vt. 544, 547, 367 A.2d 680, 682 (1976) ) (internal alteration omitted). Once 140 A.3d 808 the beneficiaries' respective losses—whether their collect......