According to an article in the Rutland Journal, a Windham Superior Court jury in Vermont has determined that a Brattleboro woman should receive $290,000 in damages because she was unlawfully evicted from her home. The jury found that Denise Brennan should receive damages from both her landlord and the Windham County Sheriff Department that evicted her.
Joshua Simonds, Brennan’s attorney, filed the complaint in 2001. The complaint asserts that Brennan was evicted from the home of Sandra Glick after being served with eviction papers prepared by Glick’s attorney, William McCarty. The papers were served by Deputy Sheriff Charles Lavalla.
According to the complaint, the papers had not been either issued by a court or signed by a judge, actions necessary for an eviction. The complaint also asserted that when Brennan pointed that out to the sheriff, she was threatened with arrest. Brennan left without any of her property which was disposed of by Glick who either sold it, gave it away or kept it.
On August 28th, the jury found Brennan was eligible for $10,000 in damages from the Windham County Sheriffs Department and $280,000 from Glick — $275,000 for her anguish and $5,000 for her lost property.
“The sheriff got his wrist slapped because he didn’t read the papers,” said attorney John Paul Faignant, who represented Deputy Lavalla on behalf of the Windham County Sheriff’s Department. “What they’re basically saying is you can’t trust a lawyer.”
Robert Reis, attorney for both Glick and McCarty, disagreed with Faignant.
“The jury found his client unfairly evicted the plaintiff,” Reis said.
Within the next 10 days, Reis said he will file post-trial motions to prevent actions of damages against his client.
Both Reis and Simonds agree that this case will probably end up before the Vermont Supreme Court.
Jim
Dave