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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Weiler v. Hooshiari, 2011 VT 16 (2011)

Citation
Weiler v. Hooshiari, 2011 VT 16 (2011)
Parent Document
Weiler v. Hooshiari, 2011 VT 16 (2011)
Jurisdiction
Vermont (state)
Effective Date
2011-02-10

Other Sections in This Document (61)

Full Text

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¶2. The following facts are uncontested. On April 16, 2007, tenant and landlord entered into a residential lease for an apartment in downtown Montpelier. The lease provided tenant with off-street parking. Tenant moved into the apartment with her children, where she resided through February 8, 2008, parking in a designated space. On that day, an accumulation of snow and ice slid off the dwelling’s steep roof and onto her car, causing thousands of dollars in damages. Tenant brought a breach of contract action demanding compensation for the loss of the car. At the beginning of the case, the court inquired if tenant was pursuing a negligence claim against landlord and was advised she was not. Moments before the end of her case, tenant moved under Rule 15 to amend her complaint to include a claim of negligence, and the court denied her motion.