Supreme Court of Vermont

William C. Brueckmer, Jr. v. Norwich University

February 5, 1999169 Vt. 118

Summary

The court affirmed Norwich University's liability for hazing-related tort claims and upheld the awards for emotional distress, medical expenses, the lost scholarship, and lost earning capacity. It held that the cadre's conduct could fall within the scope of employment, that Norwich owed a duty of reasonable care in supervising the cadre, and that the evidence supported the lost-earnings award. The court reversed the punitive-damages award because Norwich's wrongful inaction and inattention did not sufficiently demonstrate malice. Johnson, J., dissenting, would have affirmed the punitive-damages award because the evidence supported reckless disregard of the plaintiff's rights.