RECENT TRIAL WORK

RECENT SEMINARS


Dulude v. Boutin
Chittenden Superior Court
Plaintiff alledged that he suffered severe PTSD in an automobile accident, along with back and neck injuries. He argued that the jury should award $900,000 to compensate for the emotional and physical harm suffered. After four days of trial, the jury found that the Plaintiff was entitled to $18,000 for his physical injury medical bills and $10,000 for his pain and suffering. The Plaintiff did not receive any compensation for his claimed emotional injuries.

City of Winooski v. McQueen 
Pietro Lynn represented Police Chief Stephen McQueen in connection with a public evidentiary hearing before the Winooski City Council. The City Manager sought the Chief's termination  based on allegations of misconduct. The hearings were extensively covered by local media and were attended by numerous members of the community.  After five days of evidence, the City Council dismissed the charges against the Chief and paid his attorney's fees. The Chief returned to work without any disciplinary action taken against him.

Bazilwich v. Countrywide Home Loans, Inc.
U.S. District Court for Vermont - Brattleboro, VT  
When interest rates reached historical lows in the summer of 2003, the plaintiff sought to refinance her home mortgage through Countrywide, a national lender. Plaintiff sued Countrywide in federal court claiming that it had reneged on a promise to provide a loan with a very favorable interest rate. The plaintiff asserted claims of consumer fraud, negligent misrepresentation, breach of contract and promissory estoppel. Countrywide argued that its communications with the plaintiff were merely preliminary discussions, and that it made no promises or misrepresentations. Jeff Marlin tried the case on behalf of the defendant in the U.S. District Court in Brattleboro, VT. After a three-day trial, the jury rejected plaintiff's claims and returned a verdict in favor of Countrywide.

Baker v. Yelle
U.S. Federal District Court - Vermont
Plaintiff and his son were injured after plaintiff tried to pass a line of vehicles in Swanton, Vermont. Plaintiff filed suit against the driver ahead of him, arguing that the accident was caused by defendant who was also attempting to pass at the time of the accident. Plaintiff argued that defendant crossed the center line and struck plaintiff's vehicle in the opposite lane of travel. The case was bifurcated for trial and the issue of liability went to the jury. Barbara Blackman tried the case in federal court in Burlington, VT. The jury rejected the claim and found for the defendant.

Estate of Blair v. Frank W. Whitcomb Construction Corp.
Chittenden Superior Court
A passenger in a delivery truck was killed when the truck left the roadway in a construction zone and struck a culvert. The passenger's estate brought a wrongful death claim against the construction company for failing to properly warn of a drop off at the edge of the road. Pietro Lynn defended Whitcomb Construction in a five day trial. The jury returned a defense verdict.

Desautels v. Mahnken
Chittenden Superior Court
Pietro J. Lynn represented the Defendant who lost control of her car and collided with Plaintiff at a high rate of speed. Plaintiff, a master's level therapist, claimed she suffered permanent cognitive impairment because of a brain injury sustained in the accident. She sought approximately $450,000 in lost wages because of her inability to work and compensation for pain, suffering and mental anguish. The Defendant argued that she was negligent, but that there was no permanent brain injury. After five days of trial and testimony from five experts, a jury returned a verdict of $43,000.

Kaufman v. Ming International, Inc.
Federal District Court – Brattleboro, VT
Plaintiff was injured when her cotton blouse ignited while cooking.  She claimed that the manufacturer improperly failed to warn that cotton fabric was flammable. Plaintiff was severely burned and claimed the fire cause diabetes, acute respiratory distress and brain injury. Pietro Lynn and Heather Thomas Lynn tried the matter in Brattleboro. The eight person jury returned a Defendant’s verdict.

Walker v. Essex Equipment Sales and Rental, Inc.
Chittenden Superior Court – Burlington, VT
A landscaper claimed that a mower was improperly prepared for sale when a safety switch failed to activate. The mower blade struck Plaintiff’s foot causing permanent injury. Pietro Lynn defended the case in Chittenden Superior Court. The jury found in favor of the Defendant.

Isaaks v. West River Marina, Inc.
Windham Superior Court – Newfane, VT
A 60-year-old woman badly injured from a previous motor vehicle accident tripped and fell on allegedly out-of-code steps at a restaurant in Brattleboro, Vermont. Plaintiff claimed that, because of financial issues, she was unable to get much-needed medical care and developed permanent injuries from her fall. She asked the jury for $100,000. Jennifer Mihalich tried the case in Newfane. The jury returned a verdict of $8,500.

Doe v. Bennington County Sheriffs Department
Windham Superior Court – Newfane, VT
Doe claimed that she was forced to perform oral sex on a Deputy Sheriff. The Superior Court initially dismissed the claim against the employer. The Vermont Supreme Court reversed, holding that law enforcement agencies are liable for all wrongful acts of employees if they are aided in the Commission of the act by their employment position. After a five day trial, the jury deadlocked. The case was favorably resolved on the first day of the second trial.

Kolash v. the Austine School for the Deaf
U.S. Federal District Court – Boston, MA
Pietro Lynn and Heather Thomas Lynn defended the Austine School, a school for the deaf located in Brattleboro, Vermont, against allegations by a former student that she was molested by an Austine teacher. Plaintiff claimed that the School negligently hired the teacher and failed to properly respond to complaints about his misconduct before she was molested. Plaintiff sought both compensatory and punitive damages. After a two-week trial in federal district court in Boston, Massachusetts, the jury returned with a verdict for the School.

Eichhorn v. Wessner's Auction Service, et al.
Bennington Superior Court – Bennington, VT
A four-year-old child was bitten by a vendor’s dog at a flea market in Manchester, Vermont. The girl and her parents sued the flea market and its owner for failing to ensure that the dog was removed from the premises following a complaint earlier in the day. The defendants argued that they acted reasonably by instructing the vendor to leave the flea market premises. Pietro Lynn tried the case in Bennington. The jury rejected the claim and found for the defendants.