Lasek v. Vermont Vapor, Inc., and Downing Properties, LLC
95 A.3d 447
Vt.2014Background
- Fire destroyed a Rutland warehouse housing multiple tenants, including Vermont Vapor (lab) and Downing Properties (landlord).
- VVI used a lab to mix liquid nicotine with glycerin; Warren Tredwell altered the lab and installed a space heater with propane.
- Plaintiff Lasek leased part of the building; VVI’s activities and storage created the risk of fire in the lab area.
- Plaintiff alleged VVI negligence/strict liability and landlord breach of warranty, duty to warn, and unjust enrichment.
- Trial court granted JMOL for defendants after a three-day trial; several post-trial motions followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of causation expert | Fire investigator’s causation opinion should be admitted. | Opinion not reliable; fails Daubert/Rule 702. | Exclusion affirmed; causation testimony unreliable under Daubert/Rule 702. |
| Judgment as a matter of law on causation | Jury could decide causation with the evidence. | No reliable causation link without expert testimony. | JMOL proper; plaintiff failed to prove causation. |
| Admission of Warren Tredwell statements | Statements fall under Rule 801(d)(2)(D) as agent’s statements. | Scope not established; statements inadmissible hearsay. | Harmless error; admissibility under Rule 801(d)(2)(D) recognized but not outcome-determinative. |
| Deposition costs award | Defendants overly taxed deposition costs. | Costs reasonably necessary and within discretion. | Remanded to recompute videorecording costs and assess necessity of Cruise deposition. |
| Disqualification of landlord's counsel | Conflict of interest warranted disqualification. | No substantial conflict; discretion to deny. | Disqualification affirmed; but decision remanded for procedural clarity on hearing. |
Key Cases Cited
- Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (Supreme Court, 1993) (flexible standard for admissibility of expert testimony)
- Cyr v. Green Mountain Power Corp., 145 Vt. 231 (Vt. 1984) (res ipsa framework and inference of negligence in VT)
- Westinghouse Electric Supply v. B.L. Allen, Inc., 138 Vt. 84 (Vt. 1980) (agent admissions admissible when within scope of agency)
- Contractor’s Crane Serv., Inc. v. Vt. Whey Abatement Auth., 147 Vt. 441 (Vt. 1986) (scope-of-employment and admissibility of statements)
- Peterson v. Chichester, 157 Vt. 548 (Vt. 1991) (trial-court discretion on costs; standard of review)
- Gardner v. Town of Ludlow, 135 Vt. 87 (Vt. 1977) (Rule 59/50 standard in post-trial motions)
- Stowell v. Bennett, 169 Vt. 630 (Vt. 1999) (disqualification of counsel; discretion)