Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - April 2000

 * denotes appealing parties

98-200    Ross,* Clifford J. d/b/a v.   The Home Insurance
          Ross Law Office               Company
          Steven M. Latici              David E. Grossbaum

          Legal malpractice insurance - claim for sexual assault
          by attorney; numerous issues including denial of
          discovery, whether factual dispute existed as to
          failure to timely report incidents to insurance
          company, whether claims arose out of rendering of
          professional services, whether policy covers emotional
          distress claim, whether plaintiff is judicially
          estopped, whether defendant is estopped, whether
          defendant breached policy by not appearing and

99-676    Beaudry,* Robert, Petition of
          Mary Notaris
          Edward Richards
          Sheila Kelly, GAL

          Child custody modification - denial of interlocutory
          appeal; whether respondent should be required to pay
          sanctions and fees without any findings regarding his
          ability to pay; whether attorney's fees assessed were
          reasonable; whether final resolution of petition to
          modify custody should await payment of sanctions and

99-761    State of NH         v.   Wang,* John
          Attorney General         pro se

          Cruelty to animals - denial of motion to reinstate
          appeal to superior court after defendant was defaulted
          for failure to file an appearance

00-015    Cruikshank,* Robert,     v.   University of NH
            individually and as
            Administrator of Estate
            of Todd Cruikshank

          Cruikshank, Robert,      v.   Twomey, James, Justin
            individually and as         Bruce, Elton J. Chea
            Administrator of Estate     Peter Beeson
            of Todd Cruikshank          Margaret O'Brien
            Thomas Craig                Lawrence Forsley
                                        Gregory Eaton
                                        Russell F. Hilliard

          Negligence - alcohol-related death; whether university
          owed duty of care to underage student to properly
          regulate use of alcohol in fraternity; whether
          university's actions were proximate cause of death;
          whether fraternity officers owed duty of care to
          underage fraternity brothers and guests; whether
          defendant who illegally procured or delivered alcohol
          to minors owed duty of care

00-016    Sweeney,* J. Leonard, III, Appeal of
          (department of safety)
          pro se 
          Attorney General

          Ban on use of ski craft on lake -  sufficiency of
          evidence; whether traffic on Beaver Lake has increased;
          whether ban constitutes unlawful taking of property by
          State; whether current laws are adequate to cure
          problems alleged to be occurring on lake 

00-027    State of NH              v.   Holland,* Robert
          Attorney General              James E. Duggan
                                        Philip D. Cross

          Reckless conduct - whether indictment alleged the means
          by which use of car constituted use of a deadly weapon;
          failure to dismiss indictment because it did not
          include definitional language of "deadly weapon";
          admission of portions of discovery deposition at trial;
          admission of alcohol consumption where indictment does
          not allege it; admission of evidence of defendant's
          driving over one-half mile from the collision;
          erroneous jury instructions; admission of evidence of
          injuries sustained by other drivers absent proof that
          such injuries were serious

00-038    Straw Hill Condominium   v.   City of Manchester
          Association,* D. Dean
          Williams, Kathryn Williams,
          Robert Solitro, Anne 
          Solitro, Andrea L. Solomon,
          trustee of Andrea L. Solomon
          Revocable Trust

          Carrier,* Mark, Diane    v.   City of Manchester 
            Carrier                     Planning Board
          John F. Bisson                Daniel D. Muller, Jr.
          Steven A. Solomon             Ellen L. Arnold

          Municipal regulation - whether court erred by relying
          on evidence outside certified record after ruling it
          would not consider such evidence; whether court was
          precluded from considering planning board's failure to
          make findings; whether court applied incorrect standard
          of hardship in determining that waiver general design
          criteria for cul-de-sac length was justified; whether
          plaintiffs were required to file two distinct appeals
          of the planning board decision approving subdivision

00-045    Linton, E. Alanna        v.   Lister,* C. Howard, Jr.
          Phillip L. Pettis             Nicholas R. Aeschliman

          Landlord-tenant - plea of title; denial of motion for
          judgment where plaintiff failed to present evidence
          that a proper notice to quit was served; whether
          statute of frauds barred plea of title; constructive

00-050    NBAC Corp.*              v.   Town of Weare
          Michael R. Callahan           Kevin M. Leach

          Municipal regulation - excavation permit; whether
          decision to deny permit as "unduly hazardous" provides
          adequate basis for judicial review; whether court may
          sustain selectmen's decision based on mere presence of
          evidence in record without regard to its weight;
          whether selectmen are collaterally estopped by implicit
          findings of zoning board of adjustment in granting
          special exception pursuant to RSA 155-E:4, III

00-055    State of NH              v.   Rodriguez,* David
          Attorney General              James E. Duggan
                                        Edward L. Cross, Jr.

          Burglary - sufficiency of the circumstantial evidence

00-058    State of NH              v.   Chen,* Ke Tong
          Attorney General              James E. Duggan
                                        Michael Kiely

          First degree assault - whether defendant was competent
          to stand trial; refusal to allow defendant to raise
          self-defense claim because defendant failed to give
          notice of defense within ten days of entry of not
          guilty plea

00-060    State of NH              v.   Barnett,* Herbert
          Attorney General              James E. Duggan
                                        Barbara Keshen

          Felonious sexual assault, sexual contact; failure to
          suppress selectively recorded statements of defendant
          by police; whether defendant was properly given Miranda
          warnings; consolidation of two counts for trial; denial
          of motion to redact defendant's statements; whether
          defendant's cross-examination opened the door for
          admission of prior bad act; denial of mistrial;
          improper closing argument by State; whether court
          improperly answered jury question

00-065    LeBlanc, Derek, Jane     v.   Lynch,* Gregory M., M.D.,
          LeBlanc, John LeBlanc         Londonderry Family
          Peter W. Mosseau              Practice Center, Derry
          Elaine M. Michaud             Medical Center
                                        Elizabeth N. Mulvey
                                        Suzanne McDonough
          Medical malpractice - whether plaintiff's expert was
          qualified to testify as an expert regarding level of
          permanent impairment and disability; whether testimony
          regarding lost earning capacity was reliable

00-067    Unsworth,* Tammy         v.   School Administrative
          Christine M. Rockefeller      Unit #56
                                        Peter R. Chiesa

          Negligence - slip and fall; whether school district is
          entitled to statutory immunity; whether claim of
          negligent design is barred by discretionary function

00-068    In the Matter of Paul F. Ravenstein and Mary Ann
          Randall E. Wilbert
          Michael J. Fontaine

          Divorce - failure to issue divorce decree pro confesso
          when no answer was filed to cross-petition; ordering
          respondent to pay property taxes on marital home;
          insufficient alimony award; whether court erred in
          finding that respondent will be able to earn income
          despite medical problems; insufficient award of
          property; failure to award attorney's fees

00-077    Federal Financial Co.    v.   O'Neill, William P.,
          Duncan J. Farmer              Karen O'Neill Musumeci*
                                        Eric W. Janson
                                        William H. Hopkins

          Settlement agreement - whether agreement contemplated a
          release of all claims by each party; failure to find
          accord and satisfaction; equitable estoppel

00-087    Morrill,* Paige T.       v.   Precision Lumber, Inc.
          Joseph F. McDowell, III       Blake M. Sutton

          Negligence - motor vehicle accident; whether driver of
          logging truck was defendant's employee or an
          independent contractor; whether court erred in granting
          summary judgment; whether defendant is liable for
          negligence of independant contractor due to peculiar
          risks associated with transport of logs on public
          highways; whether defendant is liable as joint venturer
          with driver