Doe v. Doe
In Doe v. Doe, 172 Vt. 533, 768 A.2d 1291 (2001), the Court reversed the trial court's summary judgment decision in favor of the State because the plaintiff did not have an adequate opportunity for discovery.
In Doe, the plaintiff requested discovery shortly after the State answered the complaint. Less than a month later, the State moved for summary judgment and a stay of discovery.
The trial court granted summary judgment, dismissing all of the plaintiff's claims on the basis that the State was immune from suit.
The Court reversed the trial court because, in effect, the plaintiff had no opportunity for discovery. 172 Vt. at 534, 768 A.2d at 1293.