Haldeman v. Metropolitan Petroleum Co.

466 A.2d 1193, 143 Vt. 647, 1983 Vt. LEXIS 511

Opinion

The Chittenden Superior Court’s order of October 26, 1982, denying the plaintiff’s V.R.C.P. 60(b) motion for relief from judgment, is affirmed.

Plaintiff’s motion does not seek a vacation of the prior judgment, nor a new trial on all the issues. Rather, he requests to keep what he has secured — to have a further hearing where he can seek additional damages, without relitigating liability. V.R.C.P. 60(b) does not afford such relief. See Smith v. Smith, 139 Vt. 234, 427 A.2d 378 (1981).