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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¶ 16. Additionally, we find unavailing landlord’s argument that evidence introduced at trial raised a material factual dispute as to landlord’s awareness of the Labor and Industry reports. In denying landlord’s motion for judgment as a matter of law, the trial court properly noted that the relevant issue for purposes of establishing landlord’s liability under the Consumer Fraud Act remained “whether she rented to the plaintiffs when it was in violation of the law.” The trial court concluded it was still undisputed that at the time the house was rented to plaintiffs it was subject to a Department of Labor and Industry inspection report which not only denied occupancy, but also expressly stated that the property not be occupied until it was brought into compliance with all regulations and inspected again. On an appeal of denials of a motion for judgment as a matter of law, and a motion for a new trial, we view the evidence in the light most favorable to the plaintiff. Brueckner v. Norwich Univ.,

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