Fritzeen v. Trudell Consulting Engineers, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “[p]roximate cause is ordinarily an issue to be resolved by the jury unless the proof is so clear that reasonable minds cannot draw different conclusions or where all reasonable minds would construe the facts and circumstances one way”
• trial court should not find facts on a motion for summary judgment, nor should summary judgment serve as a replacement for a determination on the merits when a genuine issue of material fact remains
• “It is not the function of the trial court to find facts on a motion for summary judgment . . . .” (citing Booska v. Hubbard Ins. Agency, Inc., 160 Vt. 305, 309 (1993))
• “Proximate cause is ordinarily an issue to be resolved by the jury unless the proof is so clear that reasonable minds cannot draw different conclusions or where all reasonable minds would construe the facts and circumstances one way.”
• “It is not the function of the trial court to find facts on a motion for summary judgment, even if the record appears to lean strongly in one direction.” (citing Booska v. Hubbard Ins. Agency, Inc., 160 Vt. 305, 309 (1993))
• indicating the location of the greenhouses

Source: CourtListener parenthetical corpus (CC0).