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WOLFE v. YUDICHAK

No. 86-176.

571 A.2d 592 (1989)

Thomas WOLFE v. Allen F. YUDICHAK and Norwich University.

Supreme Court of Vermont.

Dissenting Opinion May 15, 1990.

Motion for Reargument denied December 8, 1989.

Attorney(s) appearing for the Case

Rubin, Rona, Kidney & Meyer, Barre, for plaintiff-appellant, Wolfe.

Valsangiacomo, Detora, McQuesten, Rose & Grearson, Barre, for plaintiff-appellant, deKramer.

Peter B. Joslin of Theriault & Joslin, P.C., Montpelier, for defendant-appellee.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MAHADY, JJ.

DOOLEY, Justice.

Plaintiff appeals from a decision of the Washington Superior Court granting defendant summary judgment on the ground that the Vermont Workers' Compensation Act, 21 V.S.A. ch. 9, provides the exclusive remedy for plaintiff's injury. See 21 V.S.A. § 622. Because we find that plaintiff is not entitled to workers' compensation benefits, we reverse.

The facts are not in dispute. Allen Yudichak and Thomas Wolfe were students at Norwich University...

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