McLaughlin v. State

642 A.2d 683, 161 Vt. 492, 1994 Vt. LEXIS 41
CourtSupreme Court of Vermont
DecidedApril 1, 1994
DocketNo. 93-093
StatusPublished
Cited by2 cases

This text of 642 A.2d 683 (McLaughlin v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McLaughlin v. State, 642 A.2d 683, 161 Vt. 492, 1994 Vt. LEXIS 41 (Vt. 1994).

Opinion

Dooley, J.

This appeal originates in a declaratory judgment action brought by plaintiffs Chittenden County Sheriff Kevin McLaughlin and the Chittenden County Sheriff’s Department. Plaintiffs sought an order requiring that defendants, the Attorney General and the State of Vermont, provide legal representation to plaintiffs in a pending workers’ compensation action brought against plaintiffs by Alice Demag, and requiring that defendants assume any costs of award or settlement for which plaintiffs might become liable. Plaintiffs moved for summary judgment below. The court granted judgment in defendants’ favor with respect to defendants’ duty to provide representation to plaintiffs, but did order that defendants represent Sheriff McLaughlin’s predecessor, Ronald Duell. Defendants now appeal the order to defend Duell. Plaintiffs cross-appeal the grant of summary judgment in defendants’ favor. We affirm the entry of judgment against plaintiff McLaughlin. We reverse the entry of judgment against the Chittenden County Sheriff’s Department and remand that issue to the trial court. Finally, we strike those parts of the trial court’s order relating to Ronald Duell.

Plaintiff Chittenden County Sheriff’s Department is currently a party defendant in an action brought by Alice Demag as personal representative of the estate of her late husband Bernard Demag. That action is now on appeal to the Chittenden Superior Court from a decision of the Commissioner of Labor and Industry.1 Mrs. Demag sought recovery of workers’ com[494]*494pensation death benefits after her husband suffered a fatal heart attack within two hours of his chase and apprehension of an escaped juvenile whom he had been transporting. At the time of his death in January 1978, Mr. Demag was a special deputy sheriff for the Sheriff’s Department. He was transporting the juvenile pursuant to an agreement between the Sheriff’s Department and the State.

In 1992, after the Demag proceeding was appealed to superior court, plaintiffs in this matter brought a declaratory judgment action seeking to have defendants provide legal representation, as well as assume responsibility for paying any award or settlement amount for which the plaintiffs might become liable. Plaintiffs subsequently moved for summary judgment, arguing that 3 V.S.A. § 1101 required defendants to defend and indemnify. The motion was accompanied by an affidavit from plaintiff McLaughlin that essentially stated the allegations in the complaint. In response, defendants argued that 21 V.S.A. § 601(12)(L), which excludes sheriff’s deputies from state workers’ compensation coverage, controlled,2 and required that plaintiffs’ complaint be dismissed.

The superior court rejected defendants’ argument, ruling that 21 Y.S.A. § 601 is “relevant only to the question of whether Mr. Demag was engaged in public employment for the purposes of adjudicating his workers’ compensation claim. It is not relevant to the issue of the State’s duty to defend civil actions [495]*495against state employees, which is the subject of 3 V.S.A. § 1101.” Despite this conclusion, the court granted summary judgment in defendants’ favor, and denied plaintiffs’ motion for summary judgment, because Sheriff McLaughlin was not a party in the underlying workers’ compensation appeal and the Chittenden County Sheriff’s Department was not a state employee as required by 3 V.S.A. § 1101. On the same day as it decided the summary judgment motion, it granted Mrs. Demag permission to add Ronald Duell, former sheriff, as a party in the workers’ compensation appeal. Because of that action, the court went on to state in this case that the State had an obligation to defend Ronald Duell.

We can dispose easily of two of the issues raised by the parties: (1) whether the trial court erred in granting summary judgment against Sheriff McLaughlin; and (2) whether it erred in ruling that defendants had an obligation to defend former Sheriff Duell. The court made the first ruling because Sheriff McLaughlin was not a party to the workers’ compensation appeal. The statute on which plaintiffs rely, 3 V.S.A. § 1101(a), is triggered when a civil action is brought against a state employee who in turn seeks representation at state expense. Since Sheriff McLaughlin is not a party to the underlying action, the statute is inapplicable.

Plaintiffs argue here that Sheriff McLaughlin had standing in this action, despite not being named in the workers’ compensation appeal, because he is the successor in office to Ronald Duell, who is named. Apparently, plaintiffs’ theory is that Ronald Duell was named in his official capacity as former sheriff and any liability will inure to Sheriff McLaughlin as the current occupant of the office. We understand plaintiffs’ argument to be that McLaughlin had standing to bring the declaratory judgment action to assert the right of Duell and the Department to representation. This argument was not raised below, and we will not consider it here. See Northwest Vt. Solid Waste Management Dist. v. Central Vt. Solid Waste Management Dist., 159 Vt. 61, 65, 614 A.2d 816, 819 (1992) (Court will not consider claims first raised on appeal). Indeed, as we discuss infra, the question of representation of Duell was never raised in the complaint nor in the motion for summary judg[496]*496ment. Moreover, giving Sheriff McLaughlin standing is unnecessary unless he is named in the underlying suit or Duell fails to pursue his interests. In either instance, Sheriff McLaughlin would be free to seek intervention anew upon asserting clearly the interest that gives him standing.

On the second issue, defendants argue that the court erred in granting relief to Ronald Duell because he was not a party to the action and 3 V.S.A. § 1101(a) does not apply to him. We agree that the trial court was at least premature in its action. The lone matter before the court was a motion for summary judgment filed by plaintiffs. In this context, the only questions for the court were whether a genuine issue of fact existed, Bennett Estate v. Travelers Ins. Co., 138 Vt. 189, 191, 413 A.2d 1208, 1209 (1980), and the legal consequences flowing from the absence of a factual dispute. The facts before the court were the admitted sections of the complaint and a short affidavit from Sheriff McLaughlin that never mentioned Ronald Duell. There was no request for any relief with respect to Duell.

There are other considerations that make relief inappropriate. Ronald Duell was not a party below and has not appeared here. See 12 V.S.A. § 4721 (“no declaration shall prejudice the rights of persons not parties to the proceeding”); Bills v. Wardsboro School Dist., 150 Vt. 541, 545, 554 A.2d 673, 676 (1988) (persons “who were not parties to the litigation, cannot be bound by the court’s judgment”); Graves v. Town of Waitsfield, 130 Vt. 292, 295, 292 A.2d 247, 249 (1972) (purpose of declaratory judgment is to declare “the rights of the parties”). We do not know whether he desires or needs representation at the expense of the State. Nor do we know the basis on which he was added as a party to the underlying workers’ compensation appeal.

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642 A.2d 683, 161 Vt. 492, 1994 Vt. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclaughlin-v-state-vt-1994.