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.