Court: Vermont Supreme Court
Citation: 2021 VT 42
Opinion Date: June 11, 2021
Judge: Eaton
Areas of Law: Civil Procedure, Personal Injury, Real Estate & Property Law
Plaintiff Cameron Crogan was seriously injured when he rode his motorbike into a cable strung across a beach access road at the lakeside residential development where he lived with his family. As a result, his mother filed a negligence action against several entities related to the development, including the homeowners’ association and a separately formed beach association, as well as certain individuals in both their individual and representative capacities. The civil division granted defendants’ motions for summary judgment primarily on the grounds that, given the undisputed facts of this case, Vermont’s Recreational Use Statute protected them from liability, and the individual defendants did not owe the plaintiff a duty of care in connection with the accident that led to this lawsuit. The Vermont Supreme Court concluded the individual defendants were entitled to summary judgment but reversed the trial court’s determination that the Recreational Use Statute was applicable in this case. Accordingly, the case was remanded for further proceedings concerning the plaintiff’s claims against the non-individual defendants.
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