Justia New Hampshire Supreme Court Opinion Summaries

Petitioner Kilnwood on Kanasatka Condominium Unit Association, Inc. (Association) appealed a superior court's decision that dismissed its petition to change the ownership form of twenty-nine units in a residential subdivision from condominiums to single-family simple lots. In 2010, the Association members considered reforming the Declaration to convert it from a condominium association to single-family homes, but they could not reach the unanimous vote required by the Declaration to do so. Unable to reach an accommodation with the minority members, Perry Smith, Andy and Jill Belliveau, and Rob and Candy Baker, the Association petitioned the superior court to reform the Declaration. The minority members, who are the respondents in this case, cross-petitioned the court to declare that Kilnwood remain a condominium association, and moved to dismiss. The Association argued that the Declaration should have been reformed because it was not intended to create a condominium, but rather a subdivision of single-family residential lots. Finding that the fact that large majority of the Association’s members no longer found it desirable to own their property as condominiums did not alter the underlying contractual requirement contained in the Declaration, that any amendment to “matters . . . adjudicating the ownership interest in common areas” must be approved by unanimous vote. The failure of one local realtor to list the homes for sale in Kilnwood as condominiums was irrelevant to the inquiry into the intent of the Developer when it created Kilnwood as a condominium association or when Association members purchased condominium units within Kilnwood. Accordingly, the Supreme Court affirmed the superior court in dismissing the Association's petition. View "Kilnwood on Kanasatka Condominium Unit Association, Inc. v. Smith" on Justia Law

Plaintiff Phaneuf Funeral Home appealed a superior court order that granted motions for summary judgment in favor of Defendants Little Giant Pump Company, Boyer Interior Design, Leviton Manufacturing Company and The Elegant Earth, Inc. Phaneuf hired Boyer to do interior design and light renovation work in the basement and adjacent hallway of the funeral home. In the hallway, Boyer installed a wall-mounted water fountain that it purchased from Elegant, an Alabama-based household goods retailer. Defendant Leviton supplied the fountain’s power cord to Little Giant, which manufactured the fountain. A fire broke out at the funeral home. Alleging that the water fountain’s defective pump and power cord caused the fire, Phaneuf brought negligence and strict product liability claims against each defendant, although it later withdrew its negligence claim against Boyer. Each defendant moved for summary judgment, arguing that Phaneuf’s claims were time-barred by RSA 508:4-b, I (2010), the statute of repose for “Damages From Construction.” The superior court agreed, and granted each motion. Upon review of the facts in the superior court record, the Supreme Court affirmed the lower court's grant of summary judgment as to Boyer, but reversed as to the remaining defendants. The case was remanded for further proceedings. View "Phaneuf Funeral Home v. Little Giant Pump Co." on Justia Law

Plaintiff Susan Jeffery appealed a superior court order that granted summary judgment in favor of Defendant City of Nashua on her wrongful discharge and breach of contract claims. Plaintiff worked for the City since 1977 in the payroll department. She became the City's risk manager in 1998. n 2004, Plaintiff became concerned that her direct supervisor, Maureen Lemieux, did not understand the budgetary process because "she wanted to level fund the health line items" in the City’s 2005 fiscal year budget. Plaintiff raised her concerns with Lemieux "dozens of times," but Lemieux responded that "she was comfortable with her numbers." In April 2005, the City discovered that the health insurance line item was underfunded. Consequently, the Board of Aldermen convened an ad hoc health care budget committee to investigate the circumstances leading up to the shortfall. Plaintiff alleged that between her two interviews with the committee, she was summoned to a meeting with the mayor, at which he asked her whether she, as department manager, should be held responsible for the budget shortfall. Plaintiff refused to accept responsibility, explaining that she had tried to prevent the error by raising her concerns with Lemieux and others. Further, Plaintiff alleged that on a separate occasion, the mayor suggested that they "all share the blame," but she refused his suggestion. Subsequently, Plaintiff started receiving poor performance evaluations and later received disciplinary actions. She would later be demoted. Shortly after her demotion, Plaintiff took a leave of absence under the Family and Medical Leave Act; while still on leave, Plaintiff resigned her position, stating she wished to retire early. Three years after her resignation, Plaintiff sued the City alleging constructive discharge and breach of contract. Finding that Plaintiff's suit fell outside the statute of limitations, and that Plaintiff had no enforceable employment contract with the City, the Supreme Court affirmed summary judgment granted in favor of the City. View "Jeffery v. City of Nashua " on Justia Law

Petitioner Edeltraud Elter-Nodvin appealed a superior court order that dismissed her claims against Respondents (her daughters) Leah and Madeline Nodvin. The claims sought to impose a constructive trust on insurance and retirement account proceeds that would otherwise pass to her daughters. Petitioner was married to Stephen Nodvin in 1986, and had Respondents. In 2009, Stephen filed for divorce, the couple separated, and Petitioner moved abroad. In October of that year, the family division issued an anti-hypothecation order instructing the parties to refrain from, among other things, disposing of marital property while proceedings were pending. Sometime thereafter, Stephen changed the beneficiaries of certain life insurance policies and retirement accounts from Petitioner to the couple’s daughters. After changing the beneficiaries, Stephen died. In 2011, Petitioner sued her daughters for the insurance and retirement account proceeds. She argued that the circumstances under which her husband changed his beneficiaries justified the imposition of a constructive trust. The daughters, one of whom was still a minor and represented by guardians, moved to dismiss the petition. They argued that Stephen’s change of beneficiaries did not violate the anti-hypothecation order, and, therefore, their status as the named beneficiaries entitled them to the proceeds of their father’s insurance policies and retirement accounts. Upon review, the Supreme Court concluded that Stephen's action did not violate the plain language of the anti-hypothecation order. Further, the Court held that the superior court properly dismissed Petitioner's breach of contract and constructive trust claim because she failed to allege facts to establish a contract or a confidential relationship at the time Stephen changed beneficiaries: "while the divorce action was pending, Petitioner could not rely upon Stephen to provide for her based on a spousal obligation. Rather, if she wished to remain beneficiary of the insurance policies, she should have asked the court to order Stephen not to alter them." View "Elter-Nodvin v. Nodvin" on Justia Law

Respondent Liberty Mutual Fire Insurance Company appealed a superior court order that denied its motion for summary judgment and granted summary judgment in favor of Petitioner Rebecca Rivera. The court ruled that an automobile policy (policy) issued to Rivera’s parents excluded liability coverage but afforded uninsured motorist coverage for injuries Rivera sustained in a single-vehicle accident in Dracut, Massachusetts. Upon review, the Supreme Court affirmed the grant of summary judgment in Petitioner's favor: "the terms of the owned vehicle exclusion appear to remove [Petitioner's vehicle] from the definition of uninsured motor vehicle even though, as to Rivera, there [was] no insurance available. While Liberty Mutual is free to limit the extent of its liability through the use of an exclusion it cannot do so in contravention of statutory provisions or public policy." View "Rivera v. Liberty Mutual Fire Ins.Co." on Justia Law

Plaintiff Josephine Lamprey appealed a superior court order that dismissed her against Defendants, Britton Construction, Inc. (Britton), DeStefano Architects, PLLC f/k/a Lisa B. DeStefano (DeStefano) and Dave Sherwood, pursuant to the statutes of limitations and repose. Plaintiff hired the defendants to design and build her home. DeStefano was the architect; Britton was the general contractor; and Sherwood was the mason who installed the home’s extensive stonework, including a stone veneer, terrace and stone chimneys. Plaintiff began living in the house in November 2001, but never obtained a certificate of occupancy. Within one year, water damage appeared on the wood floors. In 2006, Plaintiff hired Sherwood to repair loose stones on her terrace. In 2010, when Plaintiff replaced her stone terrace with granite, the mason in charge of the replacement noticed problems with the home’s stonework requiring significant repairs. As a result, Plaintiff sued the defendants, alleging negligence and breaches of warranty in her home’s construction. Britton requested dismissal pursuant to the statute of limitations for personal actions. Sherwood moved to dismiss, arguing that the construction statute of repose also barred Plaintiff’s claims. Plaintiff responded by arguing, among other things, that the statutes should be tolled because Sherwood had fraudulently concealed her home’s masonry problems. Upon review, the Supreme Court affirmed in part, and reversed in part. The trial court properly dismissed all claims against Destefano. Although the trial court properly dismissed the claims against Britton and Sherwood initially, "it unsustainably exercised its discretion by not permitting Plaintiff to amend her writ to add fraudulent concealment allegations related to the bent masonry ties that concealed defects in her home’s stone veneer. Plaintiff’s amended claims against Britton and Sherwood related to the stone veneer were allowed. The Court remanded the case for further proceedings. View "Lamprey v. Britton Construction, Inc." on Justia Law

Petitioner Lachlan MacLearn and Intervenor Simon Hutchings appealed a superior court order that denied their motion for summary judgment. Petitioner was driving his 2006 Prius when he was involved in an accident with Hutchings. At the time of the accident, Petitioner also owned a 2000 Audi A6 that was insured by Respondent Commerce Insurance Company. Hutchings sued Petitioner for damages from his injuries. Hutchings made a demand upon Commerce for defense and indemnification. Commerce denied the claim, stating that coverage was barred by the terms of the policy it held on Petitioner's Audi. Petitioner petitioned for a declaratory judgment that Commerce was obligated to defend and indemnify him against Hutchings' suit. The trial court granted Commerce's motion and denied Hutchings', finding the policy barred coverage. Upon review of the policy and the arguments submitted by the parties, the Supreme Court affirmed the trial court, finding the policy did not cover Petitioner's use of the Prius, nor grant him indemnification from Commerce for the accident arising out of his use of it. View "MacLearn v. Commerce Ins. Co." on Justia Law

Plaintiff Hansa Consult of North America, LLC (HCNA), appealed an order of the Superior Court that dismissed its complaint against Defendant Hansaconsult Ingenieurgesellschaft, mbH. HCNA, an American company based in Portsmouth, and hansaconsult, a German company, are both involved in the business of detecting fuel leaks at airports. The two companies began their relationship on cooperative terms, having entered into a distribution agreement in 2001 that made HCNA the exclusive distributor of hansaconsult's products and services throughout the United States and Canada. That relationship broke down, however, and the parties terminated their agreement on December 31, 2005. In 2006, hansaconsult commenced litigation against HCNA in New Hampshire and Germany. After years of fruitless settlement efforts, in January 2009 hansaconsult again sued HCNA for breaching the 2001 distribution agreement, but this time only in Germany. Believing this lawsuit to violate its settlement agreement protocol (SPA), HCNA moved in superior court, in June 2009, to enjoin hansaconsult's German lawsuit and to enforce the SPA. Before the superior court responded to that motion, apparently out of concerns that the statute of limitations would run on its claims, HCNA filed its own lawsuit against hansaconsult in New Hampshire asserting the same claims it had brought as counterclaims in its original 2006 New Hampshire action. Upon review, the Supreme Court affirmed the superior court's dismissal of Plaintiff's misappropriation-based claims, but reversed the dismissal of Plaintiff's market representations-based claims. The case was remanded for further proceedings. View "Hansa Consult of North America, LLC v. hansaconsult Ingenieurgesellschaft mbH " on Justia Law

Defendants Sedo, Inc. ad its founder, president and sole shareholder Goran Lucic, appealed a district court ruling that held both the company and Mr. Lucic liable to Plaitiff Holloway Automotive Group d/b/a Holloway Motor Cars of Manchester for breach of contract. Upon review, the Supreme Court affirmed the trial court's enforcement of a liquidated damages provision in the parties' contract, but concluded that the district court lacked jurisdiction to "pierce the corporate veil." Accordingly, the Court reversed the district court's award against Lucic as well as the award of attorney's fees. View "Holloway Automotive Group v. Lucic" on Justia Law

Plaintiff Salvatore Rabbia appealed a superior court order that ordered $37,000 held in escrow be dispersed to Intervenor Automotive Finance Corporation instead of to him. Plaintiff was a principal in the corporate Defendant Harvard Auto Sales (d/b/a "Hitcars.com"). The company was in the business of salvaging motor parts; Automotive Finance Corporation and Plaintiff were two of Harvard Motors' creditors. AFC financed Harvard's purchase of inventory. Plaintiff was involved in a long-standing dispute with Harvard. The issue before the Supreme Court invovled Plaintff's and AFC's competing claims to funds Harvard gave to their counsel to hold in escrow in the summer of 2008 while settlement discussions with Plaintiff were ongoing. Upon careful review of the superior court record, the Supreme Court concluded that a "transfer" occurred when the Court affirmed an earlier trial court decision requiring disbursement of the escrowed funds to Plaintiff. As a result, Plaintiff acquired both legal and equitable title to the escrowed funds, entitling him to take them free of any perfected security interest AFC may have had in them. The Court reversed the superior court decision with respect to release of the funds to AFC. The Court affirmed the superior court with respect to all other matters in this case. View "Rabbia v. Rocha" on Justia Law