NHCaseLaw.com

The plaintiff, Donald J. Dow, Jr., brought this suit against the defendant, New Hampshire Electric Cooperative, Inc. ("NHEC"), seeking compensation for injuries he suffered when he was electrocuted during the course of his work on June 28, 20041 The plaintiff alleges that the defendant negligently hired its subcontractor, the plaintiff's employer Hayward Price Construction ("Hayward"). The defendant moves for third party joinder of Hayward, which it asserts is necessary for a just adjudication. Because the court finds that joinder is an appropriate mechanism for determining the rights and responsibilities of the parties, the motion is GRANTED.

Duggan, J. The plaintiffs, Peter J. Rodgers and Christian Pare, appeal from a Superior Court (T. Nadeau, J.) order in favor of defendant Colby’s Ol’ Place, Inc. (Colby’s). The plaintiffs argue that the trial court erred in denying their motion to reallocate the award of damages. We affirm.

The plaintiffs file this Motion to Reallocate defendant Mitchell E. Hartford's ("Hartford") portion of the judgment to defendant Colby's Ol' Town Tavern ("Colby's") claiming that because Hartford is insolvent, RSA 507:7-e, III permits them to recover the entire judgment from Colby's. Defendant Colby's objects. After careful review of the motion, objection, respective responses and the legislative history, the court denies the plaintiffs' motion.