Green Mtn Credit Union v. Mahony

7ermont Superior Court
Filed 06/27/25
Chittenden Unit

VERMONT SUPERIOR COURT CIVIL DIVISION
Chittenden Unit Case No. 25-CV-01947
i
175 Main Street
Burlington VT 05401
802-863-3467 EME

www.vermontjudiciary.org

Green Mountain Credit Union v. Melisa Mahony

ENTRY REGARDING MOTION
Title: Motion to Dismiss Plaintiff's Complaint (Motion: 1)
Filer: Cristina L. Dulay
Filed Date: June 09, 2025

The motion is DENIED. The court notes that while the October 12, 2022 decision in Frey v.
Amer. Nat'l Ins. Co., No. 59-11-19 Gicv, has no precedential value, it was authored by a jurist in

whose judgment the court has the utmost confidence; the court concludes that its analysis is fully
instructive here. Plaintiff has sufficiently pleaded the existence of a professional relationship;
whether that relationship is one that falls within the exception recognized in EBWS, LLC y. Britly

Corp., 2007 VT 37, 1 31, 181 Vt. 513 cannot be determined on the facts alleged. See also
Restatement (Third) of Torts: Liab. for Econ. Harm § 4, Comment b ("In defining which

occupational groups are 'professionals,' courts consider whether the practice of the occupation
requires formal training and a license issued by a public body, whether the occupation has an
internal code of conduct and discipline, and whether there is a need for complex discretionary

judgments in carrying out the work."); West v. Inter-Financial, Inc., 2006 UT App. 222, Jf 28
29 (collecting cases and concluding that "real estate appraisers, like other real estate

professionals, are not shielded by the economic loss rule").
Moreover, the Restatement (Third) expressly recognizes:
An actor who, in the course of his or her business, profession, or
employment, or in any transaction in which the actor has a pecuniary
interest, supplies false information for the guidance of others is subject to
liability for pecuniary loss caused to them by their reliance upon the
information, if the actor fails to use reasonable care in obtaining or
communicating it.

Entry Regarding Motion Page 1 of 2
25-CV-01947 Green Mountain Credit Union v. Melisa Mahony
Restatement (Third) of Torts: Liab. for Econ. Harm § 5; see id., Comment d (“In addition,
defendants who hold themselves out as having expertise in rendering opinions or predictions, as
appraisers and auditors often do, may be held liable for negligence in forming or communicating
them.”). The court is confident in the prediction that the Vermont Supreme Court would adopt
these teachings.

Electronically signed pursuant to V.R.E.F. 9(d): 6/27/2025 1:46 PM

___________________________
Samuel Hoar, Jr.
Superior Court Judge

Entry Regarding Motion Page 2 of 2
25-CV-01947 Green Mountain Credit Union v. Melisa Mahony