Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted - March 2001

2000-081 In the Matter of Johane R. Telgener and Richard J. Telgener*
L. Jonathan Ross
Carolyn S. Garvey
Divorce - failure to consider tax consequences of property distribution
2000-712 State of NH
Attorney General
v. Moskowski,* Gary
David M. Rothstein
Deanna L. Campbell
Simple assault; criminal mischief - inclusion of victim's out-of-court statements prior to victim testifying at trial, where testimony did not fall within any hearsay objection
2000-762 State of NH
Attorney General
v. Berry,* Paul
Mark l. Sisti
Aggravated felonious sexual assault, felonious sexual assault - admission of evidence of victim's reliability and credibility absent proper foundation; exclusion of evidence of victim's reputation for untruthfulness; whether court erred in ruling on motions in limine
2000-776 Boucher,* Glen A., Appeal of
(compensation appeals board)
Richard J. Walsh
Andrew A. Merrill
Attorney General
Workers' compensation - attorney's fees; whether board erred by overturning twenty percent contingency fee for attorney on permanent impairment award; whether board erred in calculating interest due on permanent impairment award
2000-778 State of NH
Attorney General
v. Club Sahara, Inc. d/b/a
Steppin Out Lounge*
Donald A. Kennedy
Allowing gambling on premises - video poker machines; exclusion of evidence of amount of licensing fees paid to city for video poker machines; failure to give jury nullification instruction; allowing police detective to demonstratively testify as expert that video poker machines were gambling machines
2000-779 CNA Insurance Company,* Appeal of
(compensation appeals board)
James E. Owers
Bryan Clickner
Edward F. Patch
Attorney General
Workers' compensation - whether claimant suffered loss in earning capacity in November and December 1997
2000-800 State of NH
Attorney General
v. Benoit,* John
Robert D. Hunt
Driving while intoxicated - sufficiency of evidence; failure to prove that defendant operated vehicle at time alleged in complaint; whether court erred by speculating on defendant's blood alcohol level in absence of any evidence
2001-019 Estate of Laurence Hill*
Francis X. Quinn Jr.
v. Benton, Christopher M.D.
Robert Walsh
Wrongful death - medical malpractice; whether court's jury instructions were erroneous; whether court erred by instructing jury on comparative negligence since duty of care included preventing decedent's suicide; cross-appeal - whether defendant was entitled to directed verdict
2001-023 Wegner, Marsha,
administratrix of the
Estate of Christian Wegner
Henry Spalos
John Griffith
v. Prudential Property and
Casualty Insurance Co.
Mark Mallory
Michael O’Shaughnessy
for Holyoke Mutual Insurance Company*
Uninsured motorist coverage - whether insurer may deny uninsured motorist coverage to passenger because driver of insured vehicle had suspended license
2001-038 M.S.E.A. Realty
John G. Cronin
John F. Bisson
v. Astro Waste Services,
Inc., Waste Management,
Inc., Republic Services,
James M. Cassidy
Breach of lease - striking default; whether court erred by striking default against party who was properly served, never appeared, and never moved to strike default; failure to award costs to plaintiff as required by Superior Court Rule 14; whether court erred by allowing one defendant to assert statute of frauds on behalf of co-defendant; whether statute of frauds bars enforcement of lease; whether court erred by entering judgment for defendant who had not appeared, where the failure to appear had prevented plaintiff from conducting discovery against said defendant
2001-043 In the Matter of Kimberly (Collins) Murphy and Richard Collins II*
Keri J. Marshall
Robert E. Ducharme
Arthur C. Randlett
Post-divorce proceedings - child support; whether court erred in ordering payment of child support for college student for whom father is paying one-half of tuition and expenses
2001-045 State of NH
Attorney General
v. Litvin,* Valerie
Leonard D. Hardin
Theft by unauthorized taking-whether city employee’s rights against self-incrimination were violated by questioning by city officials and shop steward; whether indictment is deficient for failure to describe what funds defendant stole with any specificity
2001-049 Hodgdon, Alice
Brian Stern
v. Frisbie Memorial
Hospital,* Geoffrey Stein,
Robbie P. Corriss
Michael B. O'Shaughnessy
Medical malpractice - whether physician who is specialist in one area may testify on standard of care in another specialty area; whether expert testimony met statutory standard on issue of proximate cause; allowing plaintiff to argue that physician's assistant acted improperly after directed verdict granted in favor of said assistant; admission of prejudicial irrelevant prior act; admission of exhibit made by counsel summarizing witness's testimony
2001-053 Panciocco,* Patricia
Randall E. Wilbert
v. Lawyers Title Insurance
Stephen G. Hermans
Title insurance - numerous issues including whether policy was ambiguous; whether "persons in possession" is equivalent to "adverse possession"; whether court erred on summary judgment in ruling that boundary line disputes and encroachments are matters not of record which would be disclosed by an accurate survey and inspection of the premises; failure to define legal terms in policy
2000-117 In re State of NH*
Attorney General
William Chapman
Greg Sullivan
Richard Guerriro
Cathy Green
Unsealing records – criminal investigation; whether district court erred by releasing portions of search warrant and arrest warrant while grand jury is engaged in active investigation of murders; failure to allow State to present ex parte information about the investigation and how release of information would affect it
2001-118 Union Leader Corporation,*
WMUR-TV, Inc., and The Valley News*
v. State of NH
State of NH
for State: Attorney General
for Union Leader: Gregory V. Sullivan
for WMUR-TV: William L. Chapman
for Tulloch: Richard Guerriro
v. Tulloch, Robert
Unsealing records – criminal investigation; whether district court erred by failing to unseal information; whether State presented sufficient evidence to warrant sealing court records