· 5/19/1989
Deyo v. Kinley
Citations
- 565 A.2d 1286
- 152 Vt. 196
- 1989 Vt. LEXIS 167
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “even where an issue is not preserved, we can reverse in exceptional cases where there is plain error that affects substantial rights of the party” and “result[s] in a miscarriage of justice” (quotation omitted)
- explaining that aggrieved party must make “specific objection, including a clear statement of the matter to which he objects and the grounds of the objection” or issue is not preserved for appeal (quotation omitted)
- issue not preserved on appeal unless aggrieved party makes specific objection at trial clearly stating grounds for objection
- in medical malpractice cases, “normally a complicated medical procedure, not easily evaluated by a lay person, is at issue”
- purpose of requiring timely objection is to bring error to attention of trial court so that court may have opportunity to correct the error
- court’s curative instruction served adequately to cure alleged error in plaintiffs’ counsel’s closing argument
Source: CourtListener parenthetical corpus (CC0).
Judges: Allen, Dooley, Morse, Martin, Supr
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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