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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.