Thayer v. Herdt

How courts have described this case

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

• presuming that the legislature made statutory changes in light of the relevant judicial decisions and legislation
• noting that 1961 amendment was \in obvious response to the holding in Law's Administrator\
• noting there is no presence or zone of danger requirement in IIED
• where plaintiff’s pleadings contain allegations that, if proved, would permit recovery, defendant may not secure judgment on the pleadings
• under Vermont’s Survival. Statute, 14 V.S.A. §§ 1451-1453, administrator may collect damages only for those injuries sustained by a decedent prior to death
• judgment on pleadings reversed where it cannot be said, as matter of law, that acts alleged would not allow recovery

Source: CourtListener parenthetical corpus (CC0).