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
defending
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
fees
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
trust
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
immunity
00-068 In the Matter of Paul F. Ravenstein and Mary Ann
Ravenstein*
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