NHCaseLaw.com

Topics: De Novo Review, Discretionary Function Immunity, Negligence, Summary Judgment

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.