Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - September 1997

 
         * denotes appealing parties


     97-136    DeMauro, Annette B.        v.  DeMauro,* Joseph M. 
               S. James Boumil                Edwinna Vanderzanden
               Stephen L. Tober               

               Divorce, discovery - Fifth Amendment, self-incrimination;
               whether superior court erred in ruling that state and
               federal privileges against self-incrimination afforded
               defendant no protection against answering questions
               relating to his financial activities during past twenty
               years; whether superior court erred in ruling defendant
               waived privilege against self-incrimination  


     97-147    Hillsboro-Deering School District,* Appeal of
               (public employee labor relations board)
               Bradley F. Kidder for Hillsboro-Deering School District
               Vincent A. Wenners, Jr. for AFSCME, Local 2715 
               Attorney General

               Unfair labor practice - subcontracting for custodial
               services; whether board violated school district's
               managerial prerogative of deciding how government performs
               its function and who performs it; whether limitation on
               right to subcontract is a prohibited or permissive subject
               of bargaining; whether board erred in prohibiting school
               district from subcontracting work during term of collective
               bargaining agreement


     97-151    McKay,* James D.           v.  State of New Hampshire     
                                                Compensation Appeals  
                                                Board, Katie Flo's Cafe,
                                                Inc., Liberty Mutual 
                                                Insurance Company
               David J. KillKelley            Attorney General for State
                                              W. Kirk Abbott, Jr. for   
                                                Katie Flo's Cafe
                                              Sara B. Shirley for
                                                Liberty Mutual

               Mandamus, declaratory judgment - whether court has
               jurisdiction to rule on constitutionality of statute
               creating workers' compensation appeals board; whether RSA
               281-A:42-a is unconstitutional; whether claimant has
               constitutional right to jury trial or superior court bench
               trial on his workers' compensation claim


     97-164    State of NH                v.  Wang,* John
               Attorney General               pro se

               Shoplifting - failure of State to produce discovery;
               whether judge acted fairly and impartially; limitation of
               cross-examination; failure to clarify what defendant was
               accused of shoplifting; sufficiency of evidence


     97-195    State of NH                v.  Ortiz,* Fernando 
               Attorney General               Donald E. Bisson
                                              Ronald R. Bessette

               Sale of cocaine - failure to compel officer to answer
               deposition questions; admission of photograph, knife, and
               clothing despite insufficient foundation of authenticity;
               sufficiency of evidence of identification; admission of
               evidence of undercover police officer's state of mind


     97-273    City of Manchester,* Appeal of
               (public employee labor relations board)
               Thomas R. Clark for City of Manchester
               Kenneth J. Gould for Manchester Police Patrolman's       
                 Association
               Attorney General

               Municipal employees - unfair labor practice; whether
               patrolman's union's direction to members not to volunteer
               for extra details related to Riverfest Festival violated
               collective bargaining agreement and constituted unfair
               labor practice; whether board erred in dismissing
               complaint; failure to consider new evidence provided in
               motion for rehearing; failure of board to comply with time
               limits in RSA 541:5


     97-329    Haptonstahl,* Luanda M.    v.  Haptonstahl, David V.
               pro se                         pro se

               Divorce - failure to rule on pending motions; denial of
               pretrial hearing; denial of continuance; denial of civil
               rights due to failure to consider plaintiff's emotional
               health; reliance upon fraudulent testimony


     97-346    Wong,* Allan               v.  Ekberg, Donald M.
               Laura Dushame                  Mark Howard
               H. Brooks Whalen, Jr.

               Legal malpractice - numerous issues including grant of
               motion to strike expert disclosure, denial of plaintiff's
               motion for summary judgment, whether court erred in
               dismissing complaint due to lack of expert testimony,
               whether defendant-attorney's representation of plaintiff in
               criminal trial constituted malpractice, dismissal of claim
               for emotional distress damages, denial of motion to amend
               complaint

     97-351    Morgan, Thomas, Trustee    v.  Barron, Shirley A., Admx.
                 of Pleasant Realty Trust       of Estate of Bruce Barron
                                                and Michael J. Clare*
               Thomas Morgan                  Joseph Hamilton for Ms.
                                                Barron
                                              Edward A. Haffer for Mr.
                                                Clare

               Trust, defective trust document - real estate purchase;
               failure of trust document to name beneficiary; whether the
               trial court erred in failing to establish a resulting trust
               or constructive trust in favor of defendant who supplied
               majority of money to purchase property deeded to trust 


     97-357    Rosenzweig, Richard M.     v.  Morton,* Terry L.
               John L. Putnam                 Daniel P. Schwarz
                                              
               Wage claim - individual liability; statute of limitations;
               withdrawal from jury of question of whether defendant was
               an "employer" who knowingly permitted corporation to
               violate RSA 275:43 or :44; whether corporate officer or
               agent is individually strictly liable for unpaid wages;
               whether individual defendant is bound by labor department
               decision against corporation; award of attorney's fees


     97-360    Wilk,* William and Jennie, v.  Hanover Insurance Company
                 Administrators of Estate
                 of William Wilk III, and
                 parents and next friends
                 of Joshua Wilk
               Emmanuel Krasner               Andrew D. Dunn
     
               Automobile liability insurance - whether exclusion for
               covered autos also excludes coverage for "insureds";
               whether definition of family members and exclusion language
               are ambiguous; whether insurer is obliged to provide
               coverage at minimum limits set by financial responsibility
               act


     97-368    Hudgens,* April, Appeal of
               (workers' compensation appeals board)
               Brian C. Shaughnessy for Ms. Hudgens
               Nelson Raust for Osram Sylvania
               Attorney General

               Workers' compensation - whether board erred in failing to 
               find causal relationship of injury to employment


     97-414    McKay,* James D., Appeal of
               (workers' compensation appeals board)
               David J. KillKelley for Mr. McKay
               James E. Owers for Liberty Mutual
               Attorney General

               Workers' compensation - numerous issues including whether
               administrative board unconstitutionally deprives workers'
               compensation litigants of redress by judicial officers,
               denial of jury trial, whether statute mandating make-up of
               board is unconstitutional, res judicata effect of
               vocational rehabilitation order, misapplication of burden
               of proof


     97-472    State of NH                v.  Sawyer,* Michael A.
               Attorney General               James E. Duggan
                                              Stephen T. Jeffco

               Aggravated felonious sexual assault, burglary, witness
               tampering - whether court erred in granting motion to
               consolidate; sufficiency of evidence


     97-475    State of NH                v.  Bureau,* John
               Attorney General               Barry I. Harkaway

               Driving after certification as habitual offender - whether
               officer had probable cause to stop defendant for violation
               of RSA 266:31; whether court erred in not instructing jury
               that State was required to prove actual notice of 
               defendant's status as an habitual offender 


     97-479    Chapman,* Conrad, Appeal of
               (workers' compensation appeals board)
               Brian C. Shaughnessy for Mr. Chapman
               Paul L. Salafia for Premier Claims Services and Helmsman 
                 Management               
               Attorney General

               Workers' compensation - failure to accept uncontroverted
               medical evidence that claimant is disabled from working as
               police officer; whether ruling on extent of disability is
               decidedly against weight of the evidence; whether extent of
               disability arising from mental disorder is a matter that
               must be supported by expert opinion


     97-482    State of NH                v.  Scovill,* Timothy
               Attorney General               Mark L. Sisti
                                              
               Felonious sexual assault - admission of victim's journal as
               prior consistent statement and under doctrine of verbal
               completeness; failure to sequester victim's mother, who was
               a witness for the State


     97-487    State of NH                v.  Gray,* Lawrence
               Attorney General               James E. Duggan
                                              Christopher M. Keating

               Driving after certification as habitual offender - whether
               reasonable suspicion existed to support warrantless
               detention of defendant 


     97-506    State of NH                v.  Duquette,* Randy
               Attorney General               James E. Duggan
                                              Mark L. Sisti

               Aggravated felonious sexual assault - admission of enlarged
               and altered photographs without allowing defendant to
               challenge chain of custody; sufficiency of evidence


     97-508    Dover Mills Partnership*   v.  Commercial Union Insurance
                                                Companies d/b/a American
                                                Employers Insurance    
                                                Company
               Paul McEachern                 Debra Weiss Ford

               Commercial general liability insurance - failure of insured
               to give notice of claim "as soon as practicable"; whether
               insurer must show prejudice in proving that insured did not
               provide notice of claim as soon as practicable


     97-509    Thibodeau*, Edward and     v.  Monadnock Disposal 
                 Sandra                         Service, Inc.
               
               Thibodeau*, Edward         v.  Red's of Jaffrey, Inc.,
                                                Monadnock Disposal       
                                                Service, Inc., Eric
                                                Christian, Norman Peard
                                                and John Peard
               Gary A. Braun                  Laurence W. Getman for 
                                              Monadnock Disposal Service,
                                              Inc.
                                              Thomas P. Mullins for Red's
                                              of Jaffrey, Inc.

               Personal injury, negligence - workers' compensation,
               borrowed servant doctrine; whether superior court erred in
               ruling that plaintiff was borrowed servant and that
               defendant was immune from tort claim of borrowed employee
               where plaintiff was employee of affiliated company; whether
               there was a genuine issue of material fact as to whether
               plaintiff was borrowed servant and, therefore, whether
               superior court erred in granting summary judgment for
               defendant  


     97-525    State of NH                v.  Barnett,* Harry
               Attorney General               Paul J. Haley

               Forgery - whether State proved that "anyone" was defrauded
               pursuant to RSA 638:1; whether prosecutor argued facts not
               in evidence during closing argument


     97-536    State of NH                v.  Lemire,* Paul
               Attorney General               David I. Bailinson

               Second degree assault, simple assault - sufficiency of
               evidence of serious bodily injury; sufficiency of evidence
               where only evidence that defendant caused injury were
               victim's prior inconsistent statements


     97-547    Dean,* Thomas, Petition of
               Sven D. Wiberg for Mr. Dean
               Attorney General

               Mandamus, prohibition - whether court erred in ordering
               defendant to waive attorney-client privilege with respect
               to trial counsel as condition of hearing his motions for
               new trial and to vacate sentence; whether court should have
               heard motions without waiver to the extent that motions are
               based on claims other than ineffective assistance of trial
               counsel


     97-597    State of NH                v.  Anderson,* Eric
               Attorney General               James E. Duggan
                                              Timothy Landry

               Attempted criminal trespass - double jeopardy; whether
               defendant's exercise of his right to trial de novo in
               superior court following conviction in district court
               vacates any jeopardy that had attached at district court;
               interlocutory appeal





 Note: The court has consolidated 97-151 and 97-414.