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FINNEGAN v. STATE

No. 269-79.

420 A.2d 104 (1980)

William D. FINNEGAN v. STATE of Vermont.

Supreme Court of Vermont.

September 8, 1980.

Attorney(s) appearing for the Case

McKee, Giuliani & Cleveland, Montpelier, for plaintiff.

Barbara E. Cory of Dinse, Allen & Erdmann, Burlington, for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.

DALEY, Justice.

The plaintiff is a correctional officer employed by the defendant. On October 5, 1976, while attempting to recapture an escaped prisoner, plaintiff's private vehicle was struck in the rear by a stolen vehicle operated by the escapee. Plaintiff's civil action for damages alleged a count of negligence for allowing the prisoner to escape, and a count of unjust enrichment.

At the close of the plaintiff's case in a trial by jury the defendant moved...

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