Summary: Scheele V. Kroupa

I. Review Questions:
A. The headnotes added by publishers are not authoritative because the headnotes usually contain quotes of opinion verbatim.
B. (3. The case was decided by a state court). Is true because it is the second highest court. We have the trial courts, next we have Courts of Appeal and those take place within the state. Finally, we have the Supreme Court that is the highest, also referred to the court of the last resort.
C. (1. The case was decided by a federal court). Fed. Appx stands for Federal Appendix. Fed. Appx. Contains non-precedential cases from federal courts of appeals and it is part of the Court of Appeals.

II. Legal Question:
A. Does Mr. Millstein have a valid claim?

III. Word Search A:
A. Lexis
1. Murray v. J

a) Scheele v. Dustin, 2010 VT 45
(Scheele v. Dustin (Vt. 2010) 998 A. 2d 697.)

Hegarty v. Addison County Human Soc’y, 2004 VT 33
(Hegarty v. Addison County Human Soc’y (Vt. 2004) 848 A. 2d 1139.)

Morgan v. Kroupa 167 Vt. 99
(Morgan v. Kroupa (Vt. 1997) 702 A. 2d 630.)

b) My client should be entitled to punitive damages because Ms. Westerfeld mentioned that if she was given an opportunity she would “kill all those disgusting bugs.” Therefore, this establishes that she had malice towards my clients’ pets and once his pets escaped she willfully killed them. Consequently, my client based on the definition of punitive damages, should deserve damages.

IV. Internet
A. Susan Goodby and Robert Goodby v. VETPHRAM, Inc. d/b/a BCP Veterinary Pharmacy, Valerie Yankauskas, D.V.M., Paula Yankauskas,
D.V.M., Cynthia Pratt, D.V.M., and Charles Powell, D.V.M.
(Susan Goodby and Robert Goodby v. VETPHRAM, Inc. (Vt. 2009) 974 A. 2d 1269.)
B. In order for the plaintiff to have a prima facie case for NIED, they must establish 1) that the plaintiffs were within the “zone of danger” 2) “plaintiffs were subjected to ‘a reasonable fear of immediate personal injury’” and 3) that as a result of the imminent danger the plaintiffs suffered bodily injury or