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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

cook v johnson comm housing, No. 22-cv-3458 (Vt. Super. Ct. 2025)

Citation
cook v johnson comm housing, No. 22-cv-3458 (Vt. Super. Ct. 2025)
Parent Document
cook v johnson comm housing, No. 22-cv-3458 (Vt. Super. Ct. 2025)
Jurisdiction
Vermont (state)
Effective Date
2025-10-03

Other Sections in This Document (29)

Full Text

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reasonable doubts and inferences.” Id. (quotations omitted). Summary judgment is “mandated,”
however, “where, after an adequate time for discovery, a party fails to make a showing sufficient
to establish the existence of an element essential to the party’s case and on which the party has
the burden of proof at trial.” Id. (quotation omitted). Thus, the nonmoving party “may not rest
on the allegations in its pleadings, but must set forth specific facts showing that there is a
genuine issue for trial.” Palmer v. Furlan, 2019 VT 42, ¶ 7, 210 Vt. 375 (quotation omitted).
Where a jury could find for the plaintiff “only . . . by relying on speculation, the defendant is
entitled to summary judgment.” Caldwell, 2025 VT 17, ¶ 7 (quoting Boyd, 2022 VT 12, ¶ 19). I. Breach of Contract/Warranty of Habitability.