Attorney’s trouble finding parking no reason for new trial
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A Vermont trial court judge recently flushed an insurance company’s collection dispute with a plumbing contractor, finding an attorney’s failure to appear for trial after being unable to find parking was no reason to reopen the case.
Superior Court Judge Helen M. Toor said she gave counsel for Acuity Insurance Co. an extra 15 minutes, rather than the usual five minutes, to appear for the March 26 trial and had a serious issue with the excuse that no parking warranted the no-show.
“Plaintiff’s explanation for missing the trial is that counsel had trouble finding parking. Seriously?,” the judge wrote.
The attorney should have considered finding parking when factoring in when to leave for court and the failure to appear constituted inexcusable neglect, the judge said.
“Court is not kindergarten. Lawyers are obliged to manage their schedules so that they get to court on time,” the judge wrote.
The judge also said trial dates, especially in civil cases, should be considered a commodity.
“Normal incidents of life such as bad traffic, a child’s tantrum, snowy roads, spilled coffee, or challenging parking are reasons to allow extra time getting to court. They are not reasons to reschedule a trial that the lawyer missed due to a failure to allow appropriate time,” the judge wrote.
Acuity sued Williston, Vermont-based Gartner Plumbing & Heating LLC, doing business as Roto-Rooter, in September 2023.
