Negligence

Hilario v. Reardon, 2007-390 (N.H. S.Ct., Nov. 7, 2008)

NHCaseLaw.com — Sun, 16 Nov 2008 21:58:50 -0600

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.

Levasseur v. U.S. Postal Service, 08-1266 (1st Cir., Oct. 1, 2008)

NHCaseLaw.com — Mon, 06 Oct 2008 20:09:05 -0500

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).

Clapp v. Goffstown School District, 07-E-0249 (Hillsborough, North, Sep. 2, 2008)

glenn_milner — Sun, 14 Sep 2008 15:50:39 -0500

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.

Tarbell Administrator, Inc., et al. v. City of Concord, 2008-025 (N.H. S.Ct., Sep. 12, 2008)

NHCaseLaw.com — Fri, 12 Sep 2008 14:27:40 -0500

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.

Sica v. Britton, et al., 05-C-213 (Strafford, Feb. 1, 2007)

NHCaseLaw.com — Mon, 25 Aug 2008 18:39:48 -0500

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.

Cook v. Demeule, 05-C-319 (Strafford, Jan. 12, 2007)

NHCaseLaw.com — Wed, 09 Jul 2008 12:49:48 -0500

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.

CTV of Derry, Inc., et al. v. Begley, et al., 00-C-429 (Rockingham, Feb. 6, 2002)

DLG — Fri, 06 Jun 2008 00:47:16 -0500

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.

Cannon v. Wise, 02-C-101 (Merrimack, Sep. 23, 2003)

DLG — Fri, 06 Jun 2008 00:09:04 -0500

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.

Dandley v. Bishop Guertin High School, Inc., et al., 02-C-0170 (Hillsborough, South, Sep. 25, 2003)

DLG — Sun, 01 Jun 2008 11:59:38 -0500

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.

Dow v. New Hampshire Electric Cooperative, Inc., 05-C-0171 (Belknap, Dec. 22, 2005)

DLG — Thu, 29 May 2008 20:17:31 -0500

THE STATE OF NEW HAMPSHIRE
BELKNAP, SS. SUPERIOR COURT
Donald J. Dow, Jr.
V.
New Hampshire Electric Cooperative, Inc
No. 05-C-0171
ORDER