Justia New Hampshire Supreme Court Opinion Summaries

This was an interlocutory appeal from a Superior Court order that certified a class represented by the plaintiff, Karen L. Lawrence, consisting of "all individuals who purchased Marlboro Lights cigarettes in New Hampshire from January 1, 1995, until the date of trial." The superior court transferred a single question for the Supreme Court's review: :Did the Superior Court err in its application of New Hampshire law when it granted Plaintiff’s Motion for Class Certification?" The Supreme Court answered this question in the affirmative and reversed the trial court’s certification order. View "Lawrence v. Philip Morris USA, Inc." 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 Regina Mbahaba, individually and as next friend of her minor daughter, Benita Nahimana, appealed a superior court order that dismissed her direct claims against Defendant Thomas Morgan, and granted him summary judgment in her action seeking to pierce the limited-liability veil of the company he managed. Defendant owned Property Management Services a/k/a Property Services Company, a limited liability company that managed an apartment building where Plaintiff and her family rented an apartment from 2005-2006. Plaintiff’s daughter, Benita, was poisoned by lead while living in the apartment, prompting an inspection by the New Hampshire Department of Health and Human Services, which revealed "lead exposure hazards" in the home. As a result of the alleged injury to Benita caused by the lead contamination, Plaintiff filed lawsuits against Defendant and Biren Properties. Shortly after Plaintiff filed Suit, Defendant formed another property management LLC, which Plaintiff alleged he created in an attempt to avoid liability from her suit. Defendant moved to dismiss the action against him personally, arguing that, because he supervised the property on behalf of the LLC, he could not be "held personally liable for the debts or actions of the company." Ultimately, the claims against Defendant individually were dismissed, but the trial court allowed the plaintiff’s claims against the LLC to proceed. Upon review, the Supreme Court concluded that Defendant's management of the apartment and his superior knowledge of its hazardous condition suffice to established an individual tort duty to avoid "exposing [the plaintiff] to an unreasonable risk of harm." Thus, because these allegations stated facts entitling Plaintiff to relief, her negligence claim survived Defendant’s motion to dismiss. With regard to Plaintiff's attempt to disregard Defendant's LLC to hold him liable, the Court concluded that Defendant correctly argued that he had every right to establish a new LLC and to transfer the original LLC’s clients to it. "However, that Defendant made this 'fresh start' when his company remained a party to this case, could permit a finding that the limited-liability identity was used to promote an injustice upon the plaintiff. Thus, based upon our review of the depositions and other evidence in the light most favorable to the plaintiff, we cannot conclude that Defendant is entitled to judgment as a matter of law." The Court affirmed in part, and reversed in part the trial court's decision, and remanded the case for further proceedings. View "Mbahaba v. Morgan" on Justia Law

Plaintiffs Marc and Laurie Brown appealed a superior court order that granted summary judgment to Defendant Concord Group Insurance Company in their insurance coverage action. In 2005, Plaintiffs purchased a house from then-owner Michael Rogers. Two years later, they discovered water leaking into the house near a sliding glass door. They contacted Eugene Spencer, the person who built the house, to repair the problem. In 2009, Plaintiffs again observed water leaking into the house near the same sliding glass door. This time they contacted Daniel Lewis to repair the problem. Lewis later testified that damage was caused by leaks Spencer did not discover during his repair, but probably would have discovered had he removed all of the siding on the wall. The damage required extensive repair work. Concord Group insured Spencer. His policy did not cover "property damage" to his work "arising out of [his work] or any part of [his work]." Plaintiffs argued that the policy provided coverage because Spencer negligently repaired their house in 2007, and the damage in 2009 would not have occurred but for his negligence. Upon review of the policy in question, the Supreme Court concluded it was error for the trial court to grant Concord Group summary judgment because what caused the damage (either the 2003 or the 2007 work) was a genuine issue of material fact as to whether the policy provided coverage in this case. The case was reversed and remanded for further proceedings. View "Brown v. Concord Group Ins. Co. " on Justia Law

Plaintiff Robert Pelkey appealed a superior court’s decision that granted partial summary judgment in favor of Defendant Dan’s City Used Cars, Inc., d/b/a Dan’s City Auto Body. In 2009, Plaintiff brought suit against his landlord and Defendant alleging Defendant towed his car pursuant to a parking policy at his apartment complex. At the time, Plaintiff was confined to bed due to a serious medical condition and did not realize that his car had been towed. Soon thereafter, he was admitted to the hospital for a procedure to amputate his left foot, during which he suffered a heart attack. Plaintiff’s attorney had learned that Defendant had possession of the car and had scheduled to sell it a public auction two days later. After the attorney informed Defendant that his client wished to arranged for the return of the vehicle, Defendant falsely told the attorney that the car had already been sold. Defendant later traded the car to a third party, but Plaintiff received no remuneration for his loss. Plaintiff brought this lawsuit alleging that Defendant violated: (1) the Consumer Protection Act; (2) RSA chapter 262(a statute permitting a towing company to place a lien on a vehicle for reasonable charges incident to towing and storage and prescribing the requirements for collection of those charges by selling the vehicle at auction); and (3) the common law duty of a bailee to exercise reasonable care while in possession of a bailor’s property. The trial court granted Defendant’s motion for summary judgment on the grounds that a provision of the Federal Aviation Administration Authorization Act of 1994 (FAAAA) preempted Plaintiff’s claims. Finding that Plaintiff’s claims were not preempted, the Supreme Court reversed the superior court’s grant of partial summary judgment in favor of Defendant and remanded the case for further proceedings. View "Pelkey v. Dan's City Used Cars, Inc." on Justia Law

Plaintiff Dana Chatman appealed a superior court order that dismissed his negligence claims against Defendant Paul Giampa, and his respondeat superior claim against Defendants Strafford County and the Strafford County Department of Corrections. Plaintiff was participating in a work program run by the Corrections Department, under the direct supervision of Giampa. Giampa directed Plaintiff and others to load numerous tables and chairs onto a trailer. The trailer was not yet hitched to another vehicle, and not situated on even ground. Giampa directed Plaintiff and the others to lift the trailer and hitch it to a pickup truck when a weld on the trailer jack/hitch failed, causing the trailer to fall on Plaintiff's left leg and ankle. Plaintiff sustained permanent injury to his leg and ankle. The trial court agreed with the defendants that the plaintiff's claims did not fall within the scope of RSA 507-B:2 because the truck and trailer were not being "operated" at the time of the loading/hitching, and declined to find that RSA 507-B:2 was unconstitutional. Upon review, the Supreme held "that the entire range of activities inherent in the loading and unloading process must be considered to determine whether a vehicle was being operated" and that "[o]peration includes participation in loading and unloading activities." The Court reversed the trial court's decision and remanded the case for further proceedings. View "Chatman v. Strafford County" on Justia Law

Respondent Erica Blizzard appealed a decision of the New Hampshire Department of Safety (DOS) that suspended her boating privileges. Carrying two passengers, Respondent piloted a motorboat on Lake Winnipesaukee. There was almost no visibility due to dark and inclement weather conditions. As the respondent later told investigators, she was unable to see the bow of her boat. She was operating the boat at eighteen to twenty miles per hour, unsure of her location or depth, when the boat collided with an island. The collision killed one passenger and seriously injured the respondent and the second passenger. As a result of the collision, the respondent was charged with boating while intoxicated and negligent homicide. A jury found her guilty of negligent homicide, but not guilty of boating while intoxicated. Respondent argued on appeal: (1) whether DOS lacked the authority to suspend boat-operation privileges because it has failed to promulgate associated regulations; (2) whether RSA 270-E:17 delegated legislative authority in violation of Part I, Article 37 of the State Constitution; and (3) whether the hearing notice complied with Part I, Article 15 of the State Constitution. Finding the DOS had the requisite authority to suspend Respondent's boating privileges, the Supreme Court affirmed the Department's decision. View "Appeal of Erica Blizzard" on Justia Law

Plaintiff Steven Ford appealed a superior court's order that dismissed his negligence claims against Defendants the Town of Windham and the New Hampshire Department of Transportation (DOT). In late 2008 the vehicle in which Plaintiff was a passenger was struck by another vehicle in Windham. A severe ice storm had caused a power outage that had rendered the street and crossing lights at the intersection where the accident occurred inoperable. Several hours before the accident, both the Town and DOT had received notice that the lights were inoperable because of the storm. The accident caused Plaintiff to suffer severe injuries. He sued for negligence. Defendants moved to dismiss, arguing they owed Plaintiff no duty to warn of any hazardous condition that might have existed because of the ice storm. Upon review of the applicable legal authority, the Supreme Court held that the trial court did not err in dismissing Plaintiff's negligence claims. View "Ford v. Town of Windham" on Justia Law

Plaintiffs Jason and Jennifer Antosz appealed a superior court order that granted summary judgment in favor of Defendant Doree Allain. Defendant owned property in Epping. In early 2008 the Town's fire department was called to Defendant's house because of a fire caused by the home's hot water heater. Jason Antosz was a volunteer firefighter with the Epping Fire Department who responded to the call. As he arrived on the scene, he walked down the home's driveway which was covered with packed snow and ice. He slipped and fell and was seriously injured. Plaintiffs sued Defendant for negligence, alleging the driveway was in an unsafe and unreasonable condition. Defendant argued that Plaintiffs' claims were barred by the "Fireman's Rule." Finding that the Fireman's Rule only applied to paid firefighters, the Supreme Court overruled the grant of summary judgment in favor of Defendant and remanded the case for further proceedings. View "Antosz v. Allain " on Justia Law

The Supreme Court granted an interlocutory appeal from the superior court that partially granted and partially denied the summary judgment motion filed by Defendants Lakes Region Water Company and Thomas Mason (collectively LRWC). The question before the Court was whether the superior court erred in concluding that Defendants were not exempt from the Consumer Protection Act to the extent that they allegedly misrepresented that the water they provided was safe for use and consumption. Answering in the affirmative, the Supreme Court reversed the trial court’s denial of partial summary judgment as to the claims of the plaintiffs Jo Anne Rainville, Carl Beher, Lisa Mullins d/b/a The Olde Village Store, and approximately fifty others, under the Consumer Protection Act (CPA) which sought damages for alleged misrepresentations about the quality of water provided. View "Rainville v. Lakes Region Water Company, Inc." on Justia Law