Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - November 1997

           * denotes appealing parties

95-835         Hull, Roderick C.          v.  Plymouth, *Town of,
                 and Kathleen                   NH Municipal            
                                                Assoc. Property-
                                                Liability Insur-
                                                ance Trust, Inc.,
                                                International           
                                                Surplus Lines 
                                                Insurance Co. and
                                                Underwriters at
                                                Lloyd's, London
               Leslie C. Nixon                David A. Garfunkel

               Uninsured motorist coverage - workers' compensation bar;
               whether workers' compensation law bars employee or his
               spouse from recovering uninsured motorist benefits from
               his employer where employee was injured at work and
               received workers' compensation benefits      


96-810         Ahrendt, Ethel M.,         v.  Peterborough Savings
                 individually and by          Bank, n/k/a Primary
                 Jane Batts under a           Bank
                 durable power of
                 attorney*
               David J. KillKelley            Mark D. Fernald

               Negligence, breach of fiduciary or confidential
               relationship, breach of contract - whether bank
               breached duty of care to elderly customer by allowing her
               to make extraordinary handwritten withdrawal transactions
               while under the influence of others who were exploiting
               her


97-393         Collins,* Kevin, Kevin     v.  City of Manchester
                 Berry, John Begin, Todd
                 T. Boucher, Richard 
                 Brennan, Richard
                 Charbonneau, Stephen
                 Coco, Robert Cunha,  
                 Lloyd Doughty II, 
                 Richard Ell, Timothy
                 Feliciano, Thomas
                 Gonzales, Paul Grugan, 
                 Tyrone Guyse, Jeffrey 
                 Harrington, Cornelius 
                 Joyce, Robby Leathers, 
                 Scott Legasse, Richard R. 
                 Mello, Ronald Mello, 
                 Robert Oxley, Scott
                 Page, Gregory Pepper, 
                 Daniel Rivard, Eugene 
                 Robinson, Brian Santos, 
                 Robert Scanlon, Andrew
                 Snowdon, James Soucy, 
                 James Tareco, Nathanael 
                 Taveras, Kristen Taylor, 
                 Enoch Willard
               Francis G. Murphy              Robert J. Meagher

               Public employees - contract enforcement, civil rights
               violations; whether court erred in dismissing claims for
               compensation based on city ordinances merely because
               police wages are generally a subject of an expired
               collective bargaining agreement; whether three year
               training agreement provisions are enforceable in contract
               action in superior court; whether PELRB has exclusive
               jurisdiction to address claims that City infringed right
               to free association and plaintiffs' other claims


97-400         Taylor,* Richard H., Jr., Appeal of
               (workers' compensation appeals board)
               Richard J. Walsh for Mr. Taylor
               William L. Tanguay for Southern New Hampshire Poured
                 Concrete, Inc.
               Attorney General

               Workers' compensation - whether board erred in denying
               25% permanent impairment award


97-416         Tsiatsios, George, Charles v.  Tsiatsios,* Janice
                 Tsiatsios, Paula 
                 (Tsiatsios) Pierce 
               Robert J. Rabuck               Matthew J. Lahey

               Fraudulent conveyance - statute of limitations; failure
               to name necessary party; collateral estoppel; denial of
               motion to dismiss for lack of subject matter
               jurisdiction, naming wrong party and impossibility of
               relief; sufficiency of evidence of actual intent to
               hinder, delay, or defraud plaintiffs


97-426         Millis, Wilhemina          v.  Fouts,* Gary
               Mark D. Wiseman                Dennis T. Ducharme

               Negligence - admission of prejudicial and irrelevant
               photographs; denial of directed verdict on issue of duty
               of landlord/landowner to tenant; denial of request for
               comparative negligence instruction


97-490         Langlois, John             v.  Pomerleau,* Alan, 
                                                Michelle Pomerleau
               Gregory S. Clayton             Scott A. Ewing

               Negligent supervision claim - denial of directed verdict;
               sufficiency of evidence where defendants had no knowledge
               that their son had any dangerous propensity for playing
               with matches or lighters or to start fires; cross-appeal
               - whether court erred in dismissing negligence claim and
               negligent entrustment claim


97-510         Keravich,* Jody            v.  City of Dover
               Robert E. Fisher               George E. Wattendorf

               Infliction of emotional duress - collateral estoppel;
               whether suit for infliction of emotional duress arising
               from defendant's alleged actions forcing plaintiff to
               resign from his job with defendant is barred by dismissal
               of prior suit seeking reinstatement


97-532         Frank S.*                  v.  Superintendent,            
                                                Hillsborough County     
                                                Department of           
                                                Corrections
               Michael J. Atkins              Attorney General

               Habeas corpus - denial of jury trial; whether district 
               court had jurisdiction to impose suspended sentence of
               incarceration over juvenile who was then over 17 years
               old; whether plea was voluntary, knowing and intelligent;
               whether seven-month sentence to adult penal facility as a
               result of guilty plea to shoplifting pack of cigarettes
               is cruel and unusual punishment; failure to comply with
               Stapleford v. Perrin requirements


97-550         Coffey,* Frank J., Appeal of 
               (department of labor)
               Charles G. Douglas III for Mr. Coffey
               Gerald R. Prunier for Colonial Imports Corp. dba Volvo of
                 Nashua
               Attorney General

               Whistleblowers' Protection Act - reliance upon evidence
               not submitted by the parties at the hearing; whether
               employee was terminated for non-retaliatory reason;
               whether employer had grievance procedure in place


97-551         Surge Industries Corporation,* Appeal of
               (workers' compensation appeals board)
               Nelson A. Raust for Surge Industries Corporation
               Richard Walsh for Ms. Denton
               Attorney General

               Workers' compensation - failure of board to cite
               competent medical evidence in support of its decision;
               reliance by board upon independent records review by
               physician who is not board certified as required by RSA
               281-A:38; whether board made factual error


97-605         Snow,* Maxine W.           v.  American Morgan Horse
                                                Association, Inc.,      
                                                Philip Dubois,           
                                                President; John         
                                                Hammer, Executive
                                                Director; Tyler Atwood,
                                                Registrar
               Howard B. Myers                Irvin D. Gordon

               Fraudulent registration of horses - damages; whether
               court erred in awarding as damages attorney's fees
               incurred in defendant's internal investigation and
               hearings process; whether collateral source rule applies
               to reduce award of fees by gratuitous donations made to
               defendant's legal defense fund


97-622         State of NH                v.  Gramstorff,* William Jr.
                                              Patrick W. Fleming
               Attorney General               James E. Duggan

               Felonious sexual assault - violation of right to speedy
               trial; due process violation arising from pre-indictment
               delay; failure to suppress tape recording of telephone
               conversation between defendant and victim; denial of
               motion for independent analysis of tape recording; denial
               of Howard hearing concerning victim's alleged prior
               consensual sexual activity

97-637         State of NH                v.  Jackson,* Charles
               Attorney General               Mark L. Sisti

               Aggravated felonious sexual assault - whether prosecutor
               improperly interjected himself into the proceeding as a
               witness for purposes of impeachment during questioning of
               a witness


97-638         Harpe,* Gregory and        v.  Harpe, Sally
                 Jennifer
               Larry S. Kane                  Douglas S. Hatfield
                                                            
               Partition - sufficiency of evidence; failure to credit
               plaintiffs for their expenditures towards maintaining
               property; whether defendant is entitled to credit for
               rent from a joint tenant absent showing of actual ouster
               of exclusion by other joint tenant


97-646         State of NH                v.  Soldi,* Richard
               Attorney General               James E. Duggan
                                              Darla S. Sedgwick

               Second degree assault - admission of hearsay statements
               by victim to emergency room doctor; admission of victim's
               hearsay statement to police as impeachment; sufficiency
               of evidence


97-656         State of NH                v.  Consolidated Recycling,
                                                Inc.,* Debon Sales, 
                                                Franklin Darrel Sales
               Attorney General               Steven A. Bolton

               Solid waste, hazardous waste - injunction; failure to
               strike default; failure to consider motion to extend time
               limit; failure to permit hearing on relief sought after
               defendants defaulted; whether court erred in assessing
               civil penalty where such penalty had not been sought
               prior to default

97-663         State of NH                v.  Hilton,* Mark J.
               Attorney General               James E. Duggan
                                              David M. Rothstein

               Aggravated felonious sexual assault, kidnapping - denial
               of bill of particulars; denial of motions to depose
               victim and police who interviewed victim; refusal to
               disclose victim's counseling records; exclusion of
               witness who would testify that defendant admitted
               kidnapping but denied sexual assault; sufficiency of
               evidence

97-676         State of NH                v.  Howe,* Ryan P.
               Attorney General               William R. Loftus

               Probation violation - denial of depositions of
               complaining witnesses; quashing subpoena issued to
               probation officer; whether judge improperly berated
               defense counsel; exclusion of testimony; failure to allow
               sufficient time for full hearing

97-686         State of NH                v.  Graham,* Montriville III
               Attorney General               Jefferson K. Allen

               Aggravated felonious sexual assault - whether six-year-
               old victim was competent to testify


97-690         State of NH                v.  Dingman,* Robert
               Attorney General               James E. Duggan
                                              Caroline L. Smith
                                              Randy Hawkes

               First degree murder, conspiracy to commit murder -
               whether conspiracy was lesser included offense; double
               jeopardy; whether court impermissibly modified Wentworth
               reasonable doubt instruction and erred in other jury
               instructions; failure to suppress defendant's statements
               to police; denial of due process and speedy trial rights;
               whether State engaged in impermissible burden shifting
               during closing argument; failure to require that
               communications with alleged co-conspirator in preparation
               for trial be recorded

97-748         Bolton, William, Estate    v.  Deveau, Thomas H.
                 of, by Mary C. Trovato,
                 Executrix*
               David L. Nixon                 Andrew D. Dunn

               Wrongful death - damages, limitation on recovery; whether
               RSA 556:13, which caps damages recoverable for wrongful
               death at $50,000 when decedent is not survived by spouse,
               child, parent or other dependent relative, violates N.H.
               or U.S. Constitutions; interlocutory transfer