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Areas of Practice:
Email Alan Sylvester
Phone: 802.864.5722
Fax: 802.658.6124
Alan has been representing personal injury claimants since 1964, and is a founding partner in the law firm of Sylvester and Maley.
A fellow in the American College of Trial Lawyers since 1982, Alan has been recognized by his peers as one of the top personal injury trial lawyers in Vermont for 40 years.
Best Lawyers in America, the oldest and most respected peer-review publication in the legal profession, has named Alan:
- "Lawyer of the Year" 2012 - Medical Malpractice Law, Burlington
- "Lawyer of the Year" 2011 - Personal InjuryLitigation, Burlington
He is one of only 1,396 lawyers in the United States that has been continually listed in Best Lawyers in America since its first publication in 1983.
Additionally, Alan has been selected as a New England Super Lawyer each year since 2007, when New England Super Lawyers magazine, listed him as one of the Top 100 lawyers in New England following a multi-step nomination process, which included peer and independent evaluations. Among the factors considered were verdicts, settlements, experience, honors and awards. Alan was one of only 3 Vermont attorneys listed, and the only one who has spent the last 4 decades concentrating his practice on representing injured victims.
He has served as president of the Vermont Trial Lawyer's Association, and as a member of itsboard of governors. He has represented several clients in cases of national significance. Alan has extensive experience in handling complex, serious personal injury cases. He has been successful in recovering by jury verdict and settlement sums ranging between $ 1 million and $ 5, 400, 000.00 for his clients on 24 occasions.
Wrongful Death and Personal Injury Claims
Some highlights of personal injury and wrongful death claims and the amounts recovered for his client include:
- $4,850,000.00 - Motor vehicle accident wrongful death claim (Amy Sylvester Averill also represented the plaintiff in this case)
- $4,925,000.00 - Liquor servers liability (dram shop)/drunk driver personal injury case
- $5,400,000.00 - Wrongful death motor vehicle accident case
- $1.1 million - Wrongful death case involving 68 year old woman: (Mike Brow also represented the plaintiff)
- $2,522,193.00 Jury Award - Automobile car/tractor trailer wrongful death lawsuit in United States District Court for the State of Vermont, reportedly the highest wrongful death verdict ever obtained in the State of Vermont (Amy Sylvester Averill and Mike Brow also represented the plaintiff)
- Sucessful wrongful death cases involving a bicyclist, and the alleged negligent failure of a railroad, city, and town to adequately design and maintain a railroad crossing.
Medical Malpractice Lawsuits
Alan has recovered millions of dollars for clients in medical malpractice cases. Some examples include:
- $2,000.000.00 - Cerebral palsy birth injury lawsuit involving an obstetrician, pediatrician, and hospital for negligent care and treatment before, during, and after birth
- $1,000,000.00 - Delay in diagnosis and treatment of cancer claims
- $1,000,000.00 - Negligence lawsuit involving failure to properly monitor patient while hospitalized.
He has also recovered by verdict and settlement, millions of dollars for his clients in cases involving personal injury due to:
- emergency room negligence
- negligence in the monitoring of experimental drug therapy
- drug prescription errors
- erroneously prescribing drugs
- negligent failure of a hospital to adequately monitor, care and treat a full-term baby in utero resulting in death
- negligent failure to timely diagnosis and treat an infection
- orthopedic negligence
- primary care negligence
- general surgical negligence
- obstetrical malpractice
- intensive care malpractice.
Recreational Accidents (Skiing and Boating) Claims
In 1977, he took on the recreation and sports industry in the precedent setting case of Sunday v. Stratton, 136 Vt. 293 (1978). In that case, he alleged the defendant was negligent in the maintenance of one of its ski trails thereby causing the plaintiff to fall and suffer personal injuries rendering him a quadriplegic. After a several week trial, the jury awarded the plaintiff $1,500,000.00. Following the verdict defendant attempted several times to settle for less than the total award. Mr. Sylvester steadfastly refused to accept any amount less than the $1,500.000.00 award plus interest and court costs. After several motions for a new trial were denied the defendant appealed to the Supreme Court. Alan won the appeal in spite of strong opposition from the recreation and sport's industry, including the filing of an amicus curi brief by the ski industry. Only then did the defendant pay the full $1,500.000.00 plus interest and costs. He has also recovered several million dollars from ski areas for personal injuries relating to negligent maintenance and inadequate warnings.
In another recreational case involving a boating accident, Alan, and partner Michael Brow, recovered $2,500,000.00. And, Alan and Michael settled a case against a summer camp for negligent failure to properly monitor and supervise a camper while in the camp swimming pool.
Defective Products Litigation
Alan has recovered over 3 million dollars for his clients in defective product cases involving personal injury and wrongful death caused by carbon monoxide poisoning due to:
- negligence in installation
- unsafe design
- failure to proper adequate safety
- failure to provide adequate warnings.
He also obtained a jury verdict in the United States District Court for the State of Vermont in a defective product case relating to the flammability of a child’s pajamas causing her to incur severe burns. And, with partner, Michael Brow, he recovered $1,800,000.00 against the operator of a motor vehicle, an automobile manufacturer, and a parts supplier in a lawsuit alleging defective product design. Other defective product jury verdicts and settlement include manufacturing presses, farm equipment, diving boards and swimming pools.
Recognized Among"Vermont's Best"
In a case receiving national attention, Alan successfully sued a national debt collection agency in a case wherein he alleged that his client suffered a heart attack and died because of the intimidating and bullying tactics of the collection agency.
Alan was admitted to the Vermont bar in 1964, the U. S. District Court for the District of Vermont in 1965, the U.S. Court of Appeals, Second Circuit in 1968, and U.S. Supreme Court in 1980. He received his BA from the University of Vermont in 1960, and his JD from Albany Law School of Union University in 1964. He has been a member of the State of Vermont Professional Conduct Committee, and Board of Bar Examiners.
