Negligence (22)
Sun, 11/16/2008 - 22:58 — NHCaseLaw.com
GALWAY, J. The plaintiff, Jose Hilario, appeals an order of the Superior Court (Lynn, C.J.) dismissing his legal malpractice action against the defendant, Attorney Neil J. Reardon. We reverse and remand.
Mon, 10/06/2008 - 20:09 — NHCaseLaw.com
Per Curiam. We affirm the judgment substantially for the reasons enumerated in the district court's opinion, see 2007 WL 2011273 (D.N.H. 2007), adding only the following comments. This case raises a single issue involving the so-called "postal-matter exception" to the Federal Tort Claims Act. That exception preserves sovereign immunity for "[a]ny claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matters." 28 U.S.C. § 2680(b). The question is whether the theft or concealment of mail--in this case, political campaign flyers that were diverted by a partisan postal employee to prevent them from being delivered to voters shortly before a municipal election--falls within that provision. The district court deemed the exception applicable and thus dismissed for lack of jurisdiction.
Sun, 09/14/2008 - 15:50 — glenn_milner
Petitioner Diane Clapp ("Clapp") seeks a declaration that Respondent, the Goffstown School District ("GSD"), improperly failed to inform the New Hampshire Retirement System and its predecessor ("NHRS") of GSD's 1950 vote to enroll GSD's support staff into the NHRS. The Court held a bench trial on the matter on June 18, 2008, and finds and rules as follows.
Fri, 09/12/2008 - 14:27 — NHCaseLaw.com
DUGGAN, J. The plaintiff, Tarbell Administrator, Inc., as trustee of the Tarbell Family Revocable Trust (Tarbell), appeals an order of the Trial Court (Conboy, J.) granting summary judgment in favor of the defendant, City of Concord (City). We hold that the doctrine of discretionary function immunity bars Tarbell’s negligence claims alleging that the City failed to properly construct a dam and failed to properly control and regulate the water level, but does not preclude Tarbell’s remaining claims. Accordingly, we affirm in part, reverse in part, and remand.
Mon, 08/25/2008 - 18:39 — NHCaseLaw.com
This is a medical malpractice action brought by the plaintiffs, Philip J. ("Philip") and Catherine ("Catherine") Sica, against the defendants, John C. Britton, M.D. ("Dr. Britton") anal Surgical Associates of Rochester, P.C. The plaintiffs allege Dr. Britton negligently performed a surgery on Philip, causing injuries and losses to Philip and loss of consortium to Catherine. The defendants now move in limine to preclude the plaintiffs from introducing medical expenses written off by Philip's medical care providers. The plaintiffs object. Neither party has requested a hearing on this motion in limine, nor does the court find that a hearing would assist it in determining the pending issue. Accordingly, pursuant to Superior Court Rule 58, the court acts on the pending motion on the basis of the pleadings and record before it.
Wed, 07/09/2008 - 12:49 — NHCaseLaw.com
The plaintiff, Maida E. Demeule, commenced this negligence action against the defendant, Linda M. Morin-Binder, seeking damages for personal injuries allegedly sustained from a motor vehicle accident in May 2004 ("the accident"). The plaintiff now moves in limine to introduce evidence at trail of medical bills written off by the plaintiffs medical care providers. The defendant objects, The plaintiff also moves to take videotaped depositions. The defendant assents in part. On January 8, 2007, the court held, a hearing on these matters. After a review of the parties' arguments and the applicable law, the court finds and rules as follows.
Fri, 06/06/2008 - 00:47 — DLG
The plaintiffs have brought suit against three sets of attorneys alleging negligence on their part regarding a failed business transaction. The plaintiffs are the owners of Television Station WNDS, and they executed an Asset Purchase Agreement for its sale on September 26, 1996, with Ramcast Corp., predecessor in interest to a company named Global Broadcasting System, Inc. Pursuant to the Agreement, the plaintiffs turned over possession of the television station to Global on April 4, 1997. The purchase price was 18 million dollars and representations were made by Global's attorneys, based upon the assurances of Global's principals, that the moneys had been wired that day to the plaintiffs when in fact they had not. The plaintiffs initially sued Global for breach of contract and recovered a judgment. However, the judgment is uncollected because of the bankruptcy of Global.
Fri, 06/06/2008 - 00:09 — DLG
Plaintiff Shelley Cannon has sued Ronna Wise, Esquire ("Attorney Wise") for legal negligence in her representation of Ms. Cannon in connection with her divorce from her former husband, Fred Feddersen. Attorney Wise moves to dismiss first, arguing that the action was not commenced within the three-year statute of limitations as required by RSA 508:4, 1, or in the alternative that the suit lacks causation and damages. Ms. Cannon objects. For the reasons stated below, Attorney Wise's Motion to Dismiss Based on the Statute of Limitations is GRANTED.
Sun, 06/01/2008 - 11:59 — DLG
This is a civil action for damages for sexual abuse committed against the plaintiff by Brother Beaulieu, a member of the Order of the Sacred Heart, a former teacher at Bishop Guertin High School, and a former staff employee at Camp Fatima. The plaintiff alleges he was sexually abused and molested by Beaulieu between 1972 and 1975 while a camper at Camp Fatima and a student at Bishop Guertin High School. The alleged abuse ended in the fall of 1975 during the plaintiffs junior year at Bishop Guertin when Beaulieu attempted to force the plaintiff to perform fellatio. After the forcible assault, the plaintiff left school and never returned.
Thu, 05/29/2008 - 20:17 — DLG
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.