L'ESPERANCE v. Benware, 2003 VT 43 (2003)

Citation: L'ESPERANCE v. Benware, 2003 VT 43 (2003)
Parent Document: L'ESPERANCE v. Benware, 2003 VT 43 (2003)
Jurisdiction: Vermont (state)
Effective Date: 2003-05-02
Original Source: https://www.courtlistener.com/opinion/1922789/lesperance-v-benware/ ↗

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¶ 7. On appeal, landlord asserts: (1) that the jury verdict on plaintiffs’ negligence claim is not supported by the evidence and the trial court committed reversible error in denying landlord a judgment notwithstanding the verdict or alternatively granting landlord a new trial; (2) that the trial court committed reversible error by granting judgment in favor of plaintiffs on liability under the Consumer Fraud Act instead of submitting the issue to the jury; (3) that the jury verdict on exemplary damages under the Consumer Fraud Act was unsupported by the evidence; and (4) that the trial court erred in awarding attorney’s fees to plaintiffs because plaintiffs’ entitlement to the fees is limited to the consumer fraud claim and the trial court failed to reduce the fee award based on plaintiffs’ “limited success” in the case. We address each argument in turn. I. Negligence Claim

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