July, 2010

Gravel and Shea Attorneys Bob O'Neill and Ross Feldmann Obtain Substantial Verdict in Hunting Case

Bob O'Neill and Ross Feldmann obtained a $380,557 verdict in a negligence case involving a turkey hunting incident in Woodstock, Vermont. The defendant, who was hunting under time pressure and who violated several hunting safety rules, mistook Gravel and Shea's client for a turkey off in the distance. He was injured when approximately 50 shotgun pellets struck him in the arm, torso, and face. Treatment included exploratory surgery of his abdominal cavity and a subsequent surgery to remove some of the pellets near the surface of his skin. The defendant refused to accept responsibility, claiming in his defense that there was an actual turkey between the plaintiff and him on the date of the incident. The jury rejected this defense, awarding a sum that was more than fifteen times the highest offer that the defendant made during trial. Notably, the jury awarded approximately $150,000 in future pain and suffering.

Gravel and Shea Attorneys Hemley and Feldmann Successfully Defend Against Trespass Claim in Suit Between Developer and Homeowners Association

In a two-day trial in the Chittenden Civil Division, Robert B. Hemley and Ross A. Feldmann successfully defended a claim made by Keystone Development Corporation that sought to force the removal or alteration of drainage around the swimming pool at the Strathmore development in the north end of Burlington. Keystone claimed that the Strathmore swimming pool, constructed in 1995, has blocked the natural drainage from a 40-acre parcel which Keystone wants to develop and has made the land undevelopable in part. Initially, Keystone sought millions of dollars in damages, but it withdrew that claim after Gravel and Shea demanded to see the evidentiary basis. Keystone then asked the court for an injunction requiring the removal of the swimming pool or alteration of the land. Messrs. Hemley and Feldmann were successful in proving that any impact on the natural drainage of Keystone's land had just as likely occurred because Keystone failed to maintain ditches on the perimeter of its property that were intended to drain the water from its land. The case required the presentation of complex expert testimony concerning wetlands and surface water drainage engineering, as well as a lengthy history of the usage of the land over the past several decades.

Gravel and Shea Obtains Access to Investigative Files on Behalf of the Rutland Herald

Attorneys Matthew Byrne and Robert Hemley successfully argued for further access to public records related to the viewing of pornography on computers in the City of Rutland's police department and public works department. Judge Cohen stated in an oral ruling that he would release documents withheld by the City of Rutland after a request from the Rutland Herald. Judge Cohen requested that the City redact the names of certain individuals identified in the documents.

In seeking access to the documents, Mr. Byrne argued that the citizens of Rutland were the ultimate authority in our democratic form of government. Without information, the citizens cannot do their job of supervising public officials and their actions. The latest request for access arises out of investigative reporting done by the Rutland Herald's Brent Curtis and Gravel and Shea's earlier successful unsealing of police warrants related to a criminal investigation. Click here for a copy of the Order.