Judicial Branch, State of New Hampshire

New Hampshire Supreme Court
Cases Accepted January 2003


02-0520 T&M Associates, Inc.* v. Peter Goodrich and Jeffrey Goodrich
George R. Moore
Daniel E. Will
Thomas J. Pappas
Conversion and misappropriation of corporate funds, fraud, interference with contractual relations, breach of fiduciary duties and employment obligations, illegal restraint of trade, unfair competition, misrepresentation, promissory estoppel, quantum meruit, breach of contract -- whether certain profits were subject to agreement to share compensation; whether court erred by multiplying damages by the rate of return of the Standard and Poors 500 Index
02-0664 In the Matter of Lisa A. Holmes* and Ralph F. Holmes
Ms. Lisa A. Holmes, pro se
Mr. Ralph F. Holmes, pro se
Divorce -- precluding certain individual from sitting at counsel table
02-0716 In the Matter of Barbara M. Giacomini* and Patrick A. Giacomini
R. Peter Decato for petitioner
Doreen F. Connor for respondent
Child support arrearage -- failure to find obligor in contempt; whether court erred in calculating obligor's income; whether court erred in sua sponte changing a prior factual finding it had made; failure to award interest on arrearages; cross-appeal -- failure to calculate arrearage in accordance with child support guidelines; laches
02-0719 In the Matter of Paula J. Werme, Esquire*
Paula J. Werme, Esq., pro se
James L. DeHart
for Professional Conduct Committee
Lawyer discipline -- reprimand; whether attorney violated rules of professional conduct by advising client that law was unconstitutional and did not need to be followed; failure to provide notice of charges against attorney; whether attorney violated rules by failing to seek permission of court to advise client that it is legal to disclose "confidential" records; violation of free speech rights
02-0723 Appeal of Margaret Martel*
Leslie C. Nixon for claimant
Kevin W. Stuart for Elliot Hospital
Workers' compensation -- reducing disability benefits to temporary partial rate
02-0729 Preferred National Insurance Co. v. Docusearch, Inc.* & a.
Andrew D. Dunn Anna B. Hantz
David M. Gottesman
Russell F. Hilliard
General liability insurance coverage -- private investigation and information brokerage operation; whether assault and battery exclusion precluded coverage for bodily injury claim arising from insured's negligence in disclosing information; whether assault and battery exclusion applies to preclude claims under personal and advertising injury policy coverage
02-0732 State of NH v. Nicholas Allen*
Attorney General Mark L. Stevens
Criminal mischief -- denial of speedy trial; whether right to speedy trial attaches at time of arrest
02-0733 In the Matter of April D. Ellis and Paul M. Pietrek*
Jeanmarie N. Papelian for petitioner
Gary M. Burt for respondent
Divorce -- whether award of alimony for ten years was erroneous
02-0738 Sicard & Sicard Construction Co.* v. John P. McGrenaghan and Bonnie L. McGrenaghan
Michael L. Alfano Mark F. Sullivan
Breach of contract -- sufficiency of evidence; whether court erred by ruling in favor of defendant
02-0744 State of NH v. Louis Lessard*
Attorney General Ryan L. Russman
Driving while intoxicated, subsequent offense -- failure to strike breath test results on grounds of relevance; whether court erred by taking judicial notice that breath test result of .08 means .08 blood alcohol concentration; whether court erred by taking judicial notice of standard deviation of breath testing machine; sufficiency of evidence
02-0747 Jack Parreira v. Corvette City USA Corp.*
Marc W. McDonald Dana A. Curhan
Andrew C. Schultz
pro hac vice
Purchase and sale of motor vehicle -- whether court erred by allowing plaintiff to change his theory at trial from rescission based on fraud to breach of warranty
02-0748 Domenic Masella* v. Seann Howe
Theresa Caruso* v. Seann Howe
Kevin E. Buchholz William A. Bolton
Negligence -- motor vehicle accident; whether expert was qualified; application of wrong legal test on motion to set aside verdict; failure to grant motion for judgment notwithstanding verdict where defendant admitted causing accident and defendant presented no admissible evidence to challenge plaintiffs’ damages; cross-appeal -- exclusion of evidence of plaintiffs' criminal convictions for gambling
02-0749 Appeal of David Didonato*
Shawn E. Nichols for claimant
Eric P. Bernard for Shaw’s Supermarkets, Inc.
Workers' compensation -- whether board is prohibited from reviewing the department of labor hearing officer's decision as part of the board's de novo appeal; due process
02-0755 Appeal of Town of Goffstown*
Terrence J. Daley for claimant
Eric P. Bernard for Town
Workers' compensation -- whether knee condition was medically stable before November 2000 work-related injury; whether disability continued to be caused by November 2000 injury; failure to grant town's requested finding of fact
02-0765 State of NH v. Nathan T. Poole*
Attorney General Matthew J. Lahey
Simple assault -- whether court erred by instructing jury that State did not have to prove that assault occurred on December 22, 2001; constructive amendment of complaint
02-0770 Dennis W. McLaughlin, Sr.* & a. v. Michael R. Brassard & a.
Jeffrey B. Osburn
Joseph F. McDowell, III
David C. Dunn
Heidi A. Bean
Harold J. Friedman
Martha Gaythwaite
Wrongful death, strict product liability, negligence, failure to warn -- exclusion of evidence of other similar claims brought against defendant; exclusion of photograph of decedent's injuries; allowing defense counsel to read from a medical record not in evidence concerning drug use; allowing expert to testify on issues not properly disclosed and upon which he was not qualified to testify; improper argument by defense counsel
02-0771 Appeal of Paul's Quality Wood Floors*
Scott A. Ewing for Paul’s Quality Wood Floors
Mark E. Wolterbeek for claimant
Workers' compensation -- whether claimant was employee; whether board erred by disregarding documentary evidence in calculating average weekly wage
02-0774 State of NH v. Ian J. McCarthy*
Attorney General Appellate Defender
Edward L. Cross, Jr.
First degree assault – denial of motion to reconvene jury; whether court erred in its orders regarding restitution
02-0776 Michael Harris* v. Phenix Mutual Fire Insurance Co.
Mr. Michael Harris, pro se Mr. Albert J. Samson, claims manager
Homeowner's insurance – untimely filing of suit against insurer; whether court erred by dismissing suit based upon RSA 407:15
02-0778 Maria Donnelly and Terry Donnelly v. Donna Eastman*
Meredith M. Lasna Edwinna C. Vanderzanden
Statute of limitations – whether failure to file writ with court or serve it on the defendant within three years can be excused; whether superior court rules 2 and 3 constitute procedural or substantive rules of law; failure to dismiss case; interlocutory appeal
02-0781 Susan Cristaldi* v. Denise L. Wood
Laurence Cote William S. Orcutt
Negligence -- motor vehicle accident; denial of motion to set aside defendant's verdict as being against the weight of the evidence
02-0782 Estate of Margaret O. Lunt v. Gregory A. Gaylor* & a.
David H. Bownes Mr. Gregory A. Gaylor, pro se
Personal jurisdiction -- whether court erred in finding that defendant has appeared in case; failure to make findings of fact and rulings of law
02-0785 State of NH v. Ciro Scognamiglio*
Attorney General Appellate Defender
Patrick Fleming
Second degree assault -- denial of mistrial; sufficiency of evidence; refusal to give specific theory of defense/accident jury instruction; whether prior convictions had to be pled in indictment and proved beyond reasonable doubt to allow for enhanced sentence; whether court erred by applying enhanced penalty statute
02-0789 State of NH v. Jason Fuller*
Attorney General Appellate Defender
Timothy Landry
Conspiracy to commit burglary, accomplice to theft of a firearm, receiving stolen property -- numerous issues including sufficiency of evidence; double jeopardy; failure to seek leave of court to recharge defendant when it nol prossed earlier indictments; speedy trial violation; admission of hearsay; unlawful seizure
02-0792 State of NH v. Christopher J. McKeown*
Attorney General Mr. Christopher J. McKeown, pro se
Insufficient personal flotation devices -- illegal search and seizure
02-0814 Appeal of Peter McDonough*
Steven M. Gordon for Peter McDonough
W. Scott O'Connell for Peter McDonough
Charles G. Douglas, III for John Coughlin
C. Kevin Leonard for John Coughlin
Gary B. Richardson for Ballot Law Commission
Attorney General
Ballot law commission - election contest; whether commission applied presumptions created by legislature for straight ticket voting that violate State Constitution; impermissible restraint on exercise of equal right to vote; whether new election is warranted; whether swearing in of new county attorney should be prohibited pending resolution of appeal