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Lafond v. Vermont Department of Social and Rehabilitation Services

Vermont Supreme Court

708 A.2d 919 (1998)

Facts

The Vermont Department of Social and Rehabilitation Services (the department) (defendant) licensed daycare facilities in the state. As part of its annual relicensing process, a department employee inspected Kiddie Kare Day Care (Kiddie Kare). A few days after the inspection, the son of Gary and Tracy Lafond (plaintiffs) died while attending Kiddie Kare after becoming entangled in a curtain cord hanging near his crib. The Lafonds sued the department, alleging negligence in its inspection and licensing of Kiddie Kare. The inspector stated that she had not seen the cord near the crib during the inspection but would have pointed it out if she had. The department filed a motion for summary judgment based on sovereign immunity. The trial court denied the motion. The department appealed.

Rule of Law

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Issue

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Holding and Reasoning (Morse, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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