Alonzi v. Northeast Generation Services Co. et al., 2007-039 (N.H. S.Ct., Jan. 15, 2008)

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Topics: Compensatory Damages, De Novo Review, Equal Protection, Interlocutory Appeal, Intermediate Scrutiny, Negligence, Pt. I Art. 12, Stare Decisis, Sup. Ct. R. 8, Worker's Compensation, Wrongful Death

Case Information
Document Type: 
Opinion
Case name: 
Alonzi v. Northeast Generation Services Co. et al.
Date: 
Jan 15 2008
Docket Number: 
2007-039
Justice: 
Broderick, Jr. John T.
Jurisdiction: 
N.H. S.Ct.

BRODERICK, C.J. This case comes before us on interlocutory appeal from a ruling by the Superior Court (Mohl, J.), see Sup. Ct. R. 8, declining to dismiss negligence and wrongful death actions filed by the plaintiff, Michelle Alonzi, as administratrix of the estate of Glenn Hopkins, against defendant Northeast Generation Services Company (NGS). Because we overrule Park v. Rockwell International Corp., 121 N.H. 894 (1981), the touchstone case relied upon by the trial court, and uphold the constitutionality of the challenged death benefit provision of the Workers’ Compensation Law, see RSA 281-A:26, IV (1999), we reverse and remand.