Wed, 05/21/2008 - 14:28 — NHCaseLaw.com
DUGGAN, J. The minor plaintiff, Shelby Baxter, by and through her mother and next friend, Patricia Baxter, appeals the exclusion by the Trial Court (Hollman, J.) of two expert witnesses in her negligence action against the defendants, Charles and Kelly Temple. The exclusion of these witnesses resulted in dismissal of the plaintiff’s case. We reverse in part, vacate in part, and remand.
Wed, 01/16/2008 - 00:25 — NHCaseLaw.com
The plaintiff and her husband file this lawsuit seeking damages for injuries the plaintiff sustained when she was hit in the head with a softball during a slow-pitch softball tournament on September 13, 1998. At the time, the plaintiff was a member of the Dover Co-Recreational Softball League. The plaintiff became injured after a male shortstop allegedly negligently threw the ball while she was running to first base. The defendants move to dismiss all counts on several grounds, including a claim that the defendants owed the plaintiff no duty of care. For the reasons stated in this order, the court grants the motion to dismiss as to all counts.