Vermont court sends trooper lawsuit back to lower court

Posted Nov. 24, 2011, at 8:32 p.m.

MONTPELIER, Vt. — The Vermont Supreme Court says two state police troopers can be held liable for an elderly Marlboro woman’s death from hypothermia in 2007.

The Burlington Free Press reports that the court on Wednesday reversed a lower court’s decision dismissing a lawsuit brought by the estate of Gladys Kennery.

Kennery’s daughter asked police in March 2007 to check on her mother to make sure she had returned home from an appointment. Two troopers responded, but checked the wrong house. A postal worker found Kennery lying on her back porch the next day, and she died 12 days later at a hospital.

The state argued that the troopers couldn’t be held liable for mistakes occurring within the scope of their employment, but the Supreme Court disagreed and sent the case back to the lower court.

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