Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted August 2002

02-0257 In re Fred Harvey*
Perry Edson, pro se
Thomas P. Connair
Case is confidential under RSA chapter 135-C.
02-0300 John J. Kelleher, Jr. v. Marvin Lumber and Cedar Company* and Marvin Windows of Tennessee, Inc.
John R. Harrington Emily G. Rice
Breach of warranty, strict liability, Magnuson-Moss Warranty Act -- numerous issues including sufficiency of evidence; statute of limitations; application of economic loss doctrine; introduction of "admissions" by defendant's agents; erroneous jury instructions; denial of motion to reduce damages
02-0319 Petition of Mother* of Juvenile 2002-0319
James P. Loring
Lynn A. Aaby
John P. Mcgee Jr.
Barbara A. Bradshaw
Attorney General
Case is confidential under RSA chapter 169-C.
02-0341 Appeal of the City of Manchester*
John D. Burke
Daniel D. Muller Jr.
Public employees labor relations -- whether PELRB's decision to entertain Teamster's petition for certification was erroneous
02-0344 Appeal of Timothy Carnahan*
Terrence J. Daley
Scott A. Ewing
Workers' compensation -- whether wages of self-employed worker include expenditures for food and lodging; whether average weekly wage should be based on gross earnings as required by RSA 281-A:15
02-0346 In re Estate of John Albert Hollett
William E. Boc, for Erin Hollett*
Ronald J. Caron, for Kathryn C. Hollett
Prenuptial agreement -- whether prenuptial agreement was entered into voluntarily; whether failure to fully disclose all assets and income makes agreement invalid; whether petitioner had assistance of independent counsel in agreeing to prenuptial agreement
02-0348 Appeal of Varneta Vaughns*
Christopher A. Bandazian, for claimant
Paul R. Kfoury, Jr., for Moore Center Services, Inc.
Workers' compensation -- whether stabilization of knee injury after surgery precludes payment for later medical treatment; whether employer had burden of proving intervening trauma; whether board made internally inconsistent rulings
02-0391 Vutek, Inc.* v. State of New Hampshire Department of Revenue Administration
Scott H. Harris
Beth L. Fowler
Suzan M. Lehmann
Business profits tax -- whether appeal from department of revenue to superior court is on the agency record; denial of evidentiary hearing; whether plaintiff is not subject to tax in treaty countries and therefore required to include sales to those countries when calculating its apportionment percentage under RSA 77-A:3
02-0405 In the Matter of Leland D. Judd, Jr. and Charlene D. Romine Judd*
Leland D. Judd, pro se
Robert I. Morgan
, for respondent
Post-divorce proceedings – whether court erred by terminating child support; whether court has authority to terminate child support as a means of punishment for contempt
02-0413 Rachel Comeau v. Jerry Vergato*
Steven A. Bolton Arpiar G. Saunders Jr.
Eric A. Gentes
Landlord-tenant -- campgrounds; whether defendant is a landlord and plaintiff is a tenant under RSA 540-A:1; whether RSA chapter 216-I is the exclusive statute governing relationships between recreational campgrounds and their campers
02-0416 State of NH v. Antonio D. Dinapoli*
Attorney General Richard K. Allen
Eric Neyman, pro hac vice
Evan Slavitt, pro hac vice
M. Carolina Avellaneda, pro hac vice
Witness tampering -- sufficiency of evidence; failure to apply "objective falsity" standard; admission of hearsay and irrelevant evidence; whether prosecutor misstated burden of proof and elements of offense in closing argument; denial of requested jury instructions
02-0417 Estate of Beatrice A. Robitaille* & a. v. NH Department of Revenue
William H. Beckett Attorney General
Legacy and Succession tax -- whether inheritance tax, which exempts spouses of step-children and step-grandchildren but not brothers, sisters, nephews and nieces, is unconstitutional
02-0418 R. Leigh Ulm* v. Total Restoration and Merchants Insurance Group
Edward B. Mulligan, IV Fred J. Desmarais
David W. Johnston
Negligence -- what is time within which plaintiff may bring claim based on insurance company's negligence in hiring and supervising a contractor to repair a fire loss; whether ambiguity exists that should be resolved in favor of plaintiff
02-0420 Sherryland, Inc.* v. Regina Snuffer
Charles A. Russell Elaine L. Baillargeon
Landlord-tenant -- eviction action; whether failure to reschedule case for 14 months violated plaintiff's constitutional right to prompt justice; sufficiency of evidence of damages award under RSA 540:14, II; whether court erred by allowing board of manufactured housing to intervene into eviction cases and claim its decision precluded eviction from going forward; whether evidence showed defendant violated park rules and that defendant was behind in rent
02-0421 In re Juvenile 2002-0421-A; In re Juvenile 2002-0421-B
Attorney General
Michael J. Cornelio
, for father*
Case is confidential under RSA chapter 170-C.
02-0433 In the Matter of Douglas Hoyt Nelson and Sylvia Horsley
David S. Phillips, for petitioner
L. Jonathan Ross, for respondent
Carol L. Kunz, for respondent
Child support and custody -- whether court has subject matter jurisdiction to grant unrelated third party custodial rights to minor children he has not adopted; whether order granting custodial rights to unrelated third person over objection of children's sole parent violates State and Federal Constitutions; interlocutory transfer