James J. Lillicrap v. Herbert L. Martin

The plaintiff in this medical malpractice case appeals the action of the trial court granting motions for a directed verdict
on behalf of all of the defendants. His appeal requires us to determine the applicability of the statute of limitations, 12
V.S.A. § 521, to the facts of this case as well as the constitutionality of the repose provision of the same statute
when applied to those facts. We reverse. I. The Facts [1] In reviewing the trial court's action in directing a verdict for the defendants, we must view the evidence
in the light most favorable to the plaintiff, excluding the effect of modifying evidence. Utzler v. Medical Center Hosp. of
Vermont, 149 Vt. 126, 128, 540 A.2d 652, 654 (1987). So viewed, the record reveals the following course of events.