September 2011

Bob O’Neill Obtains Judgment In Excess Of $200,000 After Favorable Verdict

Bob O’Neill obtained a favorable jury verdict against a lawyer whose mistakes nearly cost Gravel & Shea’s client his modest family home in northern Vermont. The client, because of poor eyesight and hearing problems, had been tricked into signing a purchase and sales agreement to sell his home for $53,000, the assessed value of the home. Because of several mistakes by the client’s initial counsel, the client was denied his day in court on his claim that he was tricked into signing the purchase and sales agreement. Instead, the court ruled only on the enforceability of the agreement. It found the document to be proper and therefore ordered Gravel & Shea’s client to sell his home. To stay in his home, the client had to buy it back. Gravel & Shea filed suit against the lawyer, and the jury agreed that his mistakes resulted in Gravel & Shea’s client having to pay to keep his home and awarded the full amount. The jury also awarded $80,000 for emotional distress. With prejudgment interest, the award exceeds $200,000, and Gravel & Shea may be entitled to an additional award of attorney’s fees and expenses. Claiming that he had no responsibility for the damages suffered by his former client, the defendant attorney offered to settle the case before trial for less than $25,000.

Gravel & Shea Wins Appeal Concerning Land Encroachment

Gravel & Shea recently obtained a favorable ruling by the Vermont Supreme Court in a case involving an encroachment onto property belonging to a Gravel & Shea client. Gravel & Shea’s clients sought injunctive relief and damages based on their neighbors’ continued use of the clients’ land at a camp site. After more than a year of litigation, a favorable injunctive order was obtained requiring removal of the encroachment. The trial court, however, refused to award any damages. On appeal, the Supreme Court affirmed the injunctive order and reversed the trial court’s decision denying a damages award. The Court remanded for findings as to the appropriate damages award.