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138 N.H. 532 (1994) | Cited 66 times
... The plaintiff, Dennis S. Roberts, initially alleged six claims against the defendant, General Motors Corporation (GMC), for breach of contract; violation of RSA chapter 357-C , which regulates business practices between motor vehicle manufacturers, distributors and dealers (the Dealership Act); ...
138 N.H. 298 (1994) | Cited 39 times
... The assistant commissioner of the New Hampshire Department of Safety (assistant commissioner) denied Astro Spectacular, Inc.'s (Astro) application to renew its license to sell fireworks. Astro appeals and we reverse. Astro was formed as a New Hampshire corporation in April 1985, with the stated ...
138 N.H. 471 (1994) | Cited 34 times
... The petitioner, Gloria Walker, seeks a writ of certiorari to the division of human services (division) for review of the denial of her application for benefits under Aid to Families with Dependent Children--Unemployed Parent (AFDC-UP) program. Walker challenges the division's reliance on decisions ...
891 A.2d 477 (2005) | Cited 29 times
... Argued: September 14, 2005 In these consolidated appeals, the defendant, Marvin Lumber and Cedar Company (Marvin), appeals: (1) the partial jury verdict from the Superior Court (Brennan, J.) in the first trial that awarded the plaintiff, John J. Kelleher, Jr., $53,676.00 in damages on his strict ...
138 N.H. 561 (1994) | Cited 29 times
... The Superior Court (Dickson , J.) resolved a dispute among neighbors about property boundaries and the location and use of a deeded right-of-way for access to the shore of Ossipee Lake. Dissatisfied with the results, the defendants, Steven and Eleanor Prudhomme, appeal the trial court's decision on ...
138 N.H. 271 (1994) | Cited 28 times
... This is an appeal by the plaintiff, Clipper Affiliates, Inc. (Clipper), from the decision of the Superior Court (Dickson, J.) granting the defendant's, Samuel L. Checovich, motion to dismiss. We affirm in part, reverse in part, and remand. Clipper, through its affiliated companies, operated ...
138 N.H. 687 (1994) | Cited 27 times
... The defendant, Jason Carroll, was convicted after two jury trials in Superior Court (Murphy , J.) of second degree murder and conspiracy to commit murder. He appeals, arguing that his confession was involuntary and that the police violated his right to remain silent. We affirm. The pertinent facts ...
138 N.H. 301 (1994) | Cited 26 times
... The plaintiff, Providence Mutual Fire Insurance Company (Providence Mutual), appeals from an order of the Superior Court (Groff, J.) finding coverage under a homeowner's policy for a claim against the insured, Jeffrey Scanlon, for shooting James Haines in the eye with a BB gun. On appeal, ...
138 N.H. 716 (1994) | Cited 25 times
... The State appeals a ruling of the public employee labor relations board (PELRB) that the State committed an unfair labor practice by refusing to negotiate with the State Employees' Association of New Hampshire, Inc., S.E.I.U., Local 1984 (SEA) over certain contract proposals. See RSA 273-A:5, I(e) ...
138 N.H. 587 (1994) | Cited 23 times
... This is an interlocutory transfer without ruling from the Claremont District Court (Leahy , J). The sole question before us is whether applying RSA 632-A:14 (Supp. 1993), which requires registration of sexual offenders, to the defendant, whose conviction antedated enactment of the statute, violates ...
138 N.H. 240 (1994) | Cited 23 times
... The defendants, Peter L. Christie, Robert C. Dean, Jr., and Verax Corporation, appeal a jury verdict in this contract and tort action arising out of their employment relationship with the plaintiff, Philip G. Phillips. The plaintiff cross-appeals the trial court's entry of judgment. We affirm. ...
138 N.H. 623 (1994) | Cited 22 times
... The petitioner, Burleigh Briggs, appeals from a decision of the New Hampshire Department of Labor Compensation Appeals Board (board) denying him coverage for an osteoarthritic condition in his knees that he contends was exacerbated to the point of disability by his employment. The petitioner argues ...
388 A.2d 940 (1978) | Cited 20 times
... This is petition for permanent injunction to enjoin the defendants from occupying or allowing others to occupy certain mobile homes in the town of Nottingham and to order them to remove the homes. After a hearing and a view, the Master (Leonard C. Hardwick, Esq.) recommended that the permanent ...
138 N.H. 508 (1994) | Cited 19 times
... The defendant, Ronald Martin, was convicted on eight counts of aggravated felonious sexual assault, RSA 632-A:2, II (Supp. 1993), after a jury trial in the Superior Court (Fauver , J.). On appeal, the defendant argues: (1) the Trial Court's (Smith , J.) retrospective application of extensions to ...
138 N.H. 487 (1994) | Cited 17 times
... The petitioner, George Gamas, appeals the decision of the New Hampshire Department of Labor Compensation Appeals Board (board) denying workers' compensation benefits based upon its determination that the petitioner failed to prove that he was totally disabled. We affirm. The petitioner was ...
138 N.H. 432 (1994) | Cited 16 times
... The defendant, David Decker, was found guilty of the first degree murder of Anthony Bardas after a jury trial in Superior Court (McHugh , J.). On appeal he contends that the trial court should have suppressed his confession, arguing: (1) the State failed to prove that the defendant's waiver of his ...
150 N.H. 405 (2003) | Cited 16 times
... Grafton Argued: October 8, 2003 The plaintiffs, Estate of Joshua T., Dale and Patricia T. as administrators of the Estate of Joshua T. and as next friends, appeal an order of the Superior Court (Burling, J.) granting summary judgment to the defendants, the New Hampshire Division for Children, ...
138 N.H. 371 (1994) | Cited 16 times
... The plaintiff, Anthony Demetracopoulos, obtained a jury verdict against the defendant, David Wilson, on claims for intentional interference with contractual relations and professional negligence. On appeal, the defendant contends that certain jury instructions given by the Superior Court (McHugh , ...
138 N.H. 428 (1994) | Cited 15 times
... The plaintiff, Mildred Dwire, sued the defendants, John B. Sullivan, Jr. and JBS Realty Trust (the trust), for money damages resulting from their breach of a contract to purchase real estate from her. The defendants appeal from a jury verdict after a trial in the Superior Court (Coffey, J.), ...
140 N.H. 641 (1996) | Cited 15 times
... FOR PUBLICATION opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Clerk/Reporter, Supreme Court of New Hampshire, Supreme Court Building, Concord, New Hampshire 03301, of any ...
138 N.H. 524 (1994) | Cited 15 times
... The defendant, Otis F. Whittaker, Jr., was convicted of two counts of aggravated felonious sexual assault and one count of possession of cocaine, following a jury trial in Superior Court (Dalianis, J.). He appeals only his sexual assault convictions, arguing that the trial court erred in allowing ...
881 A.2d 693 (2005) | Cited 15 times
... Argued: April 20, 2005 The plaintiff, Maureen Soraghan, appeals an order of the Superior Court (O'Neill, J.) granting summary judgment to the defendant, Mt. Cranmore Ski Resort, Inc. We reverse and remand. In January 2000, the plaintiff attended a youth ski meet at Mt. Cranmore Ski Resort in ...
138 N.H. 548 (1994) | Cited 15 times
... The defendant, the New Hampshire Board of Examiners of Psychologists (the board), appeals an order of the Superior Court (Manias , J.) granting the plaintiffs' motion for summary judgment and permanent injunctive relief. Because we conclude that the trial court erred in granting the plaintiffs ...
143 N.H. 201 (1998) | Cited 14 times
... Sullivan County Probate Court HORTON, J. The petitioner, Rodney P., appeals a decision of the Sullivan County Probate Court (Feeney, J.) terminating his parental rights over Baby K. We vacate and remand. Rodney P. is indigent and presently incarcerated in federal prison in Pennsylvania on a drug ...
138 N.H. 392 (1994) | Cited 14 times
... The defendant, Robert Hamel, was convicted after a jury trial in Superior Court (Lynn , J.) on a charge of felonious sexual assault. On appeal, the defendant argues that the Superior Court (Gray , J.) erred in denying his motion to dismiss because the statute of limitations had run. We affirm. On ...
138 N.H. 279 (1994) | Cited 14 times
... The plaintiffs appeal the decision of the Superior Court (O'Neil, J.) dismissing their suit for rescission of a real estate purchase. They argue that the trial court erred: (1) in finding that the defendants' violation of RSA 485-A:39 (1992) did not provide the basis for a cause of action; (2) in ...
143 N.H. 208 (1998) | Cited 13 times
... U.S. District Court Pursuant to Supreme Court Rule 34, the United States District Court for the District of New Hampshire (McAuliffe, J.) certified to us the following questions of law: "1. Does a mental health care provider owe a legal duty to the father of an adult patient to diagnose and treat ...
144 N.H. 590 (1999) | Cited 13 times
... Merrimack (costs and attorney's fees) Since 1993, we have issued seven decisions related to this litigation. After our decision in Claremont School District v. Governor, 142 N.H. 462, 703 A.2d 1353 (1997) (Claremont II), the plaintiffs, five school districts, five students, and eight taxpayers ...
138 N.H. 440 (1994) | Cited 13 times
... Defendant Andre R. Roy appeals the Superior Court's (O'Neill, J.) ruling that the plaintiff, Green Mountain Insurance Company (Green Mountain), need not defend or indemnify its insured, defendant Vaughn Foreman, under a homeowner's policy in connection with a tort action Roy brought against ...
138 N.H. 744 (1994) | Cited 13 times
... The issue in this case is whether RSA 508:10 (1983), the "second suit" or "savings" statute, applies to a second appeal brought in superior court by the plaintiff, Barbara Doggett, from a decision of the defendant, the Town of North Hampton (town) Zoning Board of Adjustment (ZBA). See RSA 677:4 ...
140 N.H. 696 (1996) | Cited 13 times
... FOR PUBLICATION NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Clerk/Reporter, Supreme Court of New Hampshire, Supreme Court Building, Concord, New Hampshire ...
151 N.H. 85 (2004) | Cited 12 times
... Rockingham Argued: March 11, 2004 The petitioners, abutters to property owned by the intervenor, Raymond A. Ramsey, appeal an order of the Superior Court (T. Nadeau, J.) affirming the grant of six variances by the zoning board of adjustment (ZBA) for the respondent, City of Portsmouth (City). We ...
138 N.H. 397 (1994) | Cited 12 times
... The defendant, Susan Stayman, was convicted after a jury trial in Superior Court (Murphy , J.) on one count of second degree assault for beating her two-year-old daughter, Sarah. The defendant appeals her conviction arguing that the trial court erred in (1) finding that she had knowingly and ...
143 N.H. 149 (1998) | Cited 12 times
... NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Clerk/Reporter, Supreme Court of New Hampshire, Supreme Court Building, Concord, New Hampshire 03301, of any errors ...
727 A.2d 996 (1999) | Cited 11 times
... NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Clerk/Reporter, Supreme Court of New Hampshire, Supreme Court Building, Concord, New Hampshire 03301, of any errors ...
138 N.H. 229 (1994) | Cited 11 times
... Carl and Jeanne Mitchell, defendants in the declaratory judgment action below, appeal from an order of the Superior Court (Flynn, J.). On appeal, the Mitchells argue that the trial court erred in holding that they could not "stack" underinsured motorist coverage under an automobile policy issued to ...
147 N.H. 283 (2001) | Cited 11 times
... Goffstown District Court The defendant, Franklin B. Fillmore, Jr., appeals from an order of the Goffstown District Court (Lawrence, J.) granting a protective order to the plaintiff, Diane Fillmore. He raises two issues on appeal: 1) that there were insufficient allegations of fact to support the ...
138 N.H. 256 (1994) | Cited 11 times
... Defendant Arthur E. Gould, III was convicted of aggravated felonious sexual assault of a nine-year-old boy in violation of RSA 632-A:2, XI (1986) (current version at RSA 632-A:2, I(l) (Supp. 1993)). Based on the same incidents, defendant Waunita Huard was convicted of endangering the welfare of a ...
143 N.H. 112 (1998) | Cited 11 times
... NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Clerk/Reporter, Supreme Court of New Hampshire, Supreme Court Building, Concord, New Hampshire 03301, of any errors ...
138 N.H. 637 (1994) | Cited 11 times
... The plaintiff, Michael Rooney, appeals the decision of the Superior Court (Hampsey, J.) that the defendant, Fireman's Fund Insurance Company (Fireman's Fund), has a valid workers' compensation lien on proceeds received under the uninsured motorist provision of Rooney's automobile insurance. We ...
132 A.2d 133 (1957) | Cited 11 times
... This is an action brought by the plaintiff with an ad damnum of $200 and an attached specification in the amount of $105.80. The plaintiff filed a motion that it be granted a jury trial as a matter of constitutional right. J. Walker Wiggin, president of the 1956 convention to revise the ...
787 A.2d 175 (2001) | Cited 11 times
... Rockingham The defendant, Kevin Lambert, was convicted by a jury of four counts of felonious sexual assault. See RSA 632-A:3, II (Supp. 2000). The Superior Court (Abramson, J.) sentenced him to a combined term of five to ten years in prison, and a consecutive term of three and one-half to seven ...
138 N.H. 581 (1994) | Cited 10 times
... The defendant, M.G. Bouchard, appeals the verdict of the Superior Court (O'Neil , J.) finding him guilty of the possession of cocaine. RSA 318-B:2 (Supp. 1993). On appeal, the defendant argues that the court abused its discretion: (1) by ruling that he opened the door at trial to allow evidence of ...
138 N.H. 476 (1994) | Cited 10 times
... The plaintiffs, Luc and Leeann Boissonnault, appeal the decision of the Superior Court (Perkins, J.) granting summary judgment to the defendant, Bristol Federated Church (church). They argue that the trial court erred in ruling that Elizabeth Seeler, a volunteer church worker, was performing ...
138 N.H. 416 (1994) | Cited 10 times
... The plaintiff, Shannon Audley, appeals from a grant of summary judgment by the Superior Court (Morrill, J.), arguing that two exculpatory contracts she signed did not release the defendant from liability for his own negligence. We reverse. The plaintiff, a professional model, was bitten on the ...
138 N.H. 319 (1994) | Cited 10 times
... The plaintiff, First NH Bank (the bank), appeals from orders of the Superior Court (Groff, J.) granting summary judgment in favor of the defendant, Town of Windham (the town), and upholding the town's acquisition of a delinquent taxpayer's land, free and clear of the bank's interest as mortgagee of ...
138 N.H. 612 (1994) | Cited 10 times
... The petitioner, Henry Martino, appeals from an adverse decision of the New Hampshire Department of Labor Compensation Appeals Board (the board) denying his claim for disability benefits. He argues that (1) the board's decision was not supported by competent medical evidence, and (2) the decision ...
138 N.H. 617 (1994) | Cited 10 times
... The defendant, Donald Briere, appeals his convictions after a jury trial in Superior Court (Dalianis , J.) of seven counts of aggravated felonious sexual assault, RSA 632-A:2 (Supp. 1993), and three counts of felonious sexual assault, RSA 632-A:3 (1986). The convictions stemmed from charges that on ...
738 A.2d 351 (1999) | Cited 10 times
... Belknap After a jury trial in Superior Court (Smukler, J.), the defendant, Wayne Sargent, was convicted on three counts of aggravated felonious sexual assault, see RSA 632-A:2 (1996 & Supp. 1998), and six counts of felonious sexual assault, see RSA 632-A:3 (1996 & Supp. 1998). On appeal, the ...
138 N.H. 290 (1994) | Cited 10 times
... The defendant, Ronald Silk, was convicted of two counts of aggravated felonious sexual assault, RSA 632-A:2, I (1986 & Supp. 1993), and one count of felonious sexual assault, RSA 632-A:3, II (1986), after a jury trial in Superior Court (Mohl, J.). On appeal the defendant argues that the trial court ...
708 A.2d 682 (1998) | Cited 10 times
... The defendant, Keith Mountjoy, appeals an order of the Superior Court (McHugh, J.), denying his motion to set aside guilty verdicts for aggravated felonious sexual assault, see RSA 632-A:2, III (1986) (amended 1992, 1994, 1995, 1997), and burglary, see RSA 635:1 (1996). The defendant argues that ...
151 N.H. 179 (2004) | Cited 10 times
... Coos Argued: May 6, 2004 The defendant, Troy W. Zwicker, was indicted on one count of possession of crack cocaine and one count of possession of one ounce or more of marijuana with intent to sell. See RSA 318-B:2, :26, I(c)(5) (Supp. 2003). Following a jury trial in the Superior Court (Smith, ...
138 N.H. 307 (1994) | Cited 9 times
... The defendants, Alfred and Janet Francoeur, appeal the Superior Court's (Dickson, J.) order awarding attorney's fees to the plaintiffs, Alvin and Barbara White and attorney's fees, costs, and penalties to the Town of Wolfeboro (town). We reverse. This claim arose out of a dispute over title to a ...
138 N.H. 293 (1994) | Cited 9 times
... The petitioner, Carl D. Stetson, appeals the decision of the New Hampshire Department of Labor Compensation Appeals Board (board) denying workers' compensation benefits based upon its determination that Stetson's claimed injury, a 100 percent occlusion of his left anterior descending artery, was ...
143 N.H. 140 (1998) | Cited 9 times
... NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Clerk/Reporter, Supreme Court of New Hampshire, Supreme Court Building, Concord, New Hampshire 03301, of any errors ...
719 A.2d 580 (1998) | Cited 9 times
... NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Clerk/Reporter, Supreme Court of New Hampshire, Supreme Court Building, Concord, New Hampshire 03301, of any errors ...
138 N.H. 555 (1994) | Cited 9 times
... The petitioner, Denise Briand, appeals from a decision of the New Hampshire Department of Labor Compensation Appeals Board (board) finding she failed to prove that her medical condition arose out of and in the course of her employment with MacMulkin Chevrolet. We reverse in part, vacate in part, ...
138 N.H. 460 (1994) | Cited 9 times
... The plaintiff, Michele Shafmaster, appeals an order by the Superior Court (Gray, J.) approving the recommendations of the Marital Master (Leonard Green, Esq.) to deny her petition to bring forward and modify the property settlement in her divorce decree. The defendant, Jonathan Shafmaster, ...
931 A.2d 571 (2007) | Cited 9 times
... Argued: March 21, 2007 The plaintiffs, James J. LaChance and Chad Crossan, appeal an order of the Superior Court (Fauver, J.), denying their motion for class certification and granting judgment on the pleadings to the defendants, United States Smokeless Tobacco Company, United States Tobacco Sales ...
138 N.H. 249 (1994) | Cited 9 times
... The defendant, Craig Cegelis, was convicted in the Superior Court (Brennan, J.) of four counts of aggravated felonious sexual assault, RSA 632-A:2, III (1986 & Supp. 1992) (current version at RSA 632-A:2, I(c) (Supp. 1993)), and one count of false imprisonment, RSA 633:3 (1986), after a ...
138 N.H. 267 (1994) | Cited 9 times
... The Campton School District appeals from an order of the New Hampshire Public Employee Labor Relations Board (PELRB), requiring the school district to reinstate one of its teachers. We reverse and remand. On March 30, 1990, Patricia Hoyt, a third-year probationary teacher in the Campton School ...
917 A.2d 209 (2006) | Cited 9 times
... Argued: February 22, 2006 The petitioner, DaimlerChrysler Corporation, appeals the decision of the Superior Court (Morrill, J.) affirming the new motor vehicle arbitration board's (board) award to the defendant, Darren Victoria (consumer), for his defective automobile. We vacate in part and ...
917 A.2d 1250 (2007) | Cited 9 times
... Argued: October 18, 2006 The plaintiff, Plourde Sand & Gravel Co., appeals the decision of the Hooksett District Court (LaPointe, J.) dismissing its writ. We affirm. The plaintiff's writ alleges the following facts. Hiltz Construction, Inc. (Hiltz), a subcontractor for a private construction ...
864 A.2d 368 (2005) | Cited 9 times
... Grafton Argued: September 23, 2004 The plaintiff, Progressive Northern Insurance Company (Progressive), appeals, and defendant Concord General Mutual Insurance Company (Concord General) cross-appeals, an order of the Superior Court (Burling, J.) partially granting their respective motions for ...
144 N.H. 348 (1999) | Cited 9 times
... In this interlocutory appeal, see RSA 606:10 (1986), the State challenges the Superior Court's (Nadeau, C.J.) rulings that the defendant, Danny Locke, could not be charged as an accomplice to second degree murder, see RSA 630:1-b, I(b) (1996); RSA 626:8, II(c) (1996), and that evidence of an ...
138 N.H. 313 (1994) | Cited 9 times
... After a jury trial in the Superior Court (Smukler, J.), the defendant, Carrie Cigic, was convicted of driving while intoxicated, subsequent offense, and operating after suspension, subsequent offense. On appeal, the defendant asks us to clarify the procedure that appellate counsel and this court ...
138 N.H. 352 (1994) | Cited 9 times
... The defendant, Sean Christy, was charged with possession of cocaine, possession of cocaine with intent to dispense, and possession of psilocybin with intent to dispense. The Superior Court (Hollman, J.) denied the defendant's motions to suppress evidence, and the defendant was found guilty by the ...
147 N.H. 286 (2001) | Cited 9 times
... Strafford In this medical malpractice case, the defendants, Frisbee Memorial Hospital and Geoffrey Stein, M.D., appeal from a jury verdict in favor of the plaintiff, Agnes Hodgdon. They argue that the Trial Court (T. Nadeau, J.) erred in: (1) allowing an ophthalmologist to testify as to the ...
795 A.2d 833 (2002) | Cited 9 times
... Hillsborough-northern judicial district Argued: February 7, 2002 The plaintiffs, Minuteman, LLC and Ronald H. Proulx, appeal an order of the Superior Court (Lynn, J.) dismissing their claim against the defendant, Microsoft Corporation, for allegedly violating New Hampshire's antitrust statute. ...
711 A.2d 878 (1998) | Cited 9 times
... The defendant, Michael Monroe, was convicted of second degree murder. See RSA 630:1-b (1996). On appeal, he argues that the Superior Court (Hampsey, J.) erred by: (1) admitting his involuntary confessions; (2) admitting statements, including confessions, he made without fresh Miranda warnings ...
274 A.2d 876 (1971) | Cited 9 times
... The defendant was charged in the Jaffrey District Court under RSA 262-A:29 for failure to yield the right of way. He moved to dismiss on the grounds of double jeopardy and the case was transferred under RSA 502-A:17-a by Hampsey, Jr., District Judge. It appears that prior to the present ...
723 A.2d 30 (1998) | Cited 9 times
... Hillsborough-southern judicial district The plaintiffs, Gloria and Robert Konefal, appeal a decision of the Superior Court (Hollman, J.) granting a motion to dismiss filed by the defendants, Hollis/Brookline Cooperative School District, the Hollis/Brookline Cooperative School Board, the Hollis ...
147 N.H. 218 (2001) | Cited 9 times
... Hillsborough-southern judicial district The petitioner, Robert P. Dolan, appeals the recommendation of the Master (Alice S. Love, Esq.) approved by the Superior Court (Hampsey, J.) that his child support payments be increased to reflect the exercise of stock options he acquired after his divorce ...
769 A.2d 344 (2001) | Cited 9 times
... Portsmouth District Court The defendant, Cedars of Portsmouth Condominium Association, appeals a decision of the Portsmouth District Court (Taylor, J.) awarding $4,956.43, including interest and costs, on the plaintiff's, Robert J. Kowalski, unjust enrichment claim. The plaintiff cross-appeals, ...
834 A.2d 316 (2003) | Cited 8 times
... Lebanon District Court Argued: June 11, 2003 The defendant, John W. Goss, appeals his conviction for possession of marijuana, see RSA 318-B:2 (Supp. 2002), arguing that the Trial Court (Cirone, J) erred in denying his motion to suppress evidence seized from his residence. We reverse and remand. ...
817 A.2d 292 (2003) | Cited 8 times
... Coos Argued: January 8, 2003 The defendant, Co-Operative Insurance Companies, appeals the decision of the Superior Court (Smith, J.) granting summary judgment in favor of the plaintiff, Bill O. Weeks. We reverse. The following facts are undisputed. The plaintiff owns property in Whitefield, on ...
138 N.H. 632 (1994) | Cited 8 times
... The plaintiffs, abutters and nearby landowners to the land of defendants John W. and R. Joseph Dever, appeal an order of the Superior Court (O'Neil, J.) upholding the issuance by defendant Meredith Zoning Board of Adjustment (ZBA) of a special exception to the Devers. They argue: (1) that an ...
719 A.2d 570 (1998) | Cited 8 times
... The defendant, Paul Dewitt, was convicted after a jury trial in Superior Court (Mohl, J.) on one count of aggravated felonious sexual assault. See RSA 632-A:2, I(a) (1996). On appeal, he asserts the trial court erred in several evidentiary rulings and by denying his motion for new trial. We vacate ...
728 A.2d 215 (1999) | Cited 8 times
... NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Clerk/Reporter, Supreme Court of New Hampshire, Supreme Court Building, Concord, New Hampshire 03301, of any errors ...
143 N.H. 172 (1998) | Cited 8 times
... The plaintiff, Michael Glick, appeals an order of the Superior Court (Coffey, J.) granting a motion of the defendant, Victoria Naess, for attorney's fees. We affirm. The facts leading up to the issue on appeal involve a post- divorce dispute between the parties. The parties divorced in 1992. Under ...
151 N.H. 135 (2004) | Cited 8 times
... Original Argued: June 10, 2004 To safeguard the equal voting rights of the New Hampshire electorate, this court, in 2002, was called upon to establish new district plans for the house and senate. See Below v. Secretary of State, 148 N.H. 1 (2002); Burling v. Speaker of the House, 148 N.H. 143 ...
770 A.2d 1103 (2001) | Cited 8 times
... Belknap The plaintiff, Belinda Joyce Lord, appeals the Superior Court's (Perkins, J.) dismissal of her "loss of opportunity" action against the defendants, James Lovett, M.D., and Samuel Aldridge, M.D. We reverse and remand. The plaintiff suffered a broken neck in an automobile accident on July ...
846 A.2d 521 (2004) | Cited 8 times
... Merrimack Argued: February 4, 2004 Plaintiff Cambridge Mutual Fire Insurance Company (Cambridge Mutual) appeals an order of the Superior Court (Fitzgerald, J.) granting defendant Thomas Crete's motion to dismiss its subrogation action. Plaintiffs Merle and Tammy Wilbur appeal an order of the ...
937 A.2d 303 (2007) | Cited 8 times
... Argued: June 20, 2007 The petitioner, Singer Asset Finance Co., LLC (Singer), appeals orders of the Superior Court (Morrill, J.) granting summary judgment in favor of the respondent, Debora Wyner, on its request for declaratory relief and claims for conversion and breach of contract. Singer also ...
138 N.H. 445 (1994) | Cited 8 times
... The following Resolution, SR 2, requesting an opinion of the Justices, was adopted by the Senate on March 10, 1994, and filed with the supreme court on March 15, 1994: "Whereas, SB 661, which proposes to amend RSA 507 to establish a new procedure for pretrial dismissal of certain types of ...
138 N.H. 367 (1994) | Cited 8 times
... The defendant, Charles Michalenoick Jr., appeals from an order of the Superior Court (Morrill, J.) granting plaintiff BankEast's renewed motion for summary judgment in its action to recover on a loan guarantee. The defendant makes a variety of arguments, only one of which we need address here: that ...
864 A.2d 308 (2004) | Cited 8 times
... Merrimack Argued: June 9, 2004 The defendant, Nancy S. Tierney, appeals a jury verdict in Superior Court (Fitzgerald, J.) finding her liable for legal malpractice in her representation of the plaintiff, Alfred Carbone. We affirm in part, reverse in part and remand. Tierney's representation of ...
738 A.2d 937 (1999) | Cited 8 times
... NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Clerk/Reporter, Supreme Court of New Hampshire, Supreme Court Building, Concord, New Hampshire 03301, of any errors ...
709 A.2d 762 (1998) | Cited 8 times
... The defendant, Robert E. Haines, appeals his convictions of felonious reckless conduct, RSA 631:3, II (1996), and felonious use of body armor, RSA 650-B:2 (1996) (amended 1996). The defendant also appeals the Trial Court's (Conboy, J.) finding that RSA 651:2, II-g (1996) (amended 1996) requires the ...
732 A.2d 406 (1999) | Cited 7 times
... (New Hampshire Compensation Appeals Board) The petitioner, Paul Rainville, appeals the decision of the New Hampshire Compensation Appeals Board (board): (1) allowing his insurance carrier to suspend payment of physical therapy expenses while its appeal to the board was pending; (2) denying his ...
868 A.2d 994 (2005) | Cited 7 times
... Argued: November 30, 2004 These consolidated cases are before the court on interlocutory transfer without ruling. Sup. Ct. R. 9. The record reflects the following facts. The case involves the construction of a Wal-Mart store in Manchester and the purported status of the plaintiff, Wudson Rosa, as ...
826 A.2d 570 (2003) | Cited 7 times
... Grafton Argued: February 12, 2003 Defendant American Welding and Tank Company, Inc. (American) appeals from an order of the Superior Court (Burling, J.) denying its motion for summary judgment on the contribution claim of the co-defendant, Thom's Transport Company, Inc. (TTC). We reverse and ...
145 N.H. 316 (2000) | Cited 7 times
... As amended April 6, 2001. As amended 12/20/00 Belknap The defendant, Bountham Sonthikoummane, appeals his convictions, after a jury trial in Superior Court (Perkins, J.), on three indictments for conspiring to sell a controlled drug. See RSA 318-B:2 (1995). The defendant contends the trial court ...
146 N.H. 550 (2001) | Cited 7 times
... Cheshire The plaintiff, Robert Bliss, appeals the decision of the Superior Court (Arnold, J.) dismissing his claim against the defendant, Stow Mills, Inc. (Stow Mills), for wrongful discharge. The superior court granted the defendant's motion to dismiss for lack of subject matter jurisdiction on ...
713 A.2d 381 (1998) | Cited 7 times
... Strafford The plaintiff, Bruce Buckingham, administrator of the estate of Roxanne Ramsey-Buckingham, appeals an order of the Superior Court (Mohl, J.) granting the motion to dismiss filed by the defendants, R. J. Reynolds Tobacco Co., Philip Morris Incorporated, Brown & Williamson Tobacco ...
146 N.H. 658 (2001) | Cited 7 times
... As amended December 14, 2001. Cheshire The plaintiff, East Coast Conference of the Evangelical Covenant Church of America, Inc. (Church), appeals the ruling of the Superior Court (Arnold, J.) denying, in part, the Church's petition for tax abatement because certain portions of its property did ...
732 A.2d 1017 (1999) | Cited 7 times
... Strafford The defendant, Theodore Warren, was convicted after a jury trial in Superior Court (Fauver, J.) of reckless manslaughter, see RSA 630:2, I(b) (1996), for the stabbing death of his friend, Kevin Connolly. We reverse and remand. Based on the evidence adduced at trial, the jury could have ...
147 N.H. 223 (2001) | Cited 7 times
... Compensation Appeals Board The petitioner, Lois Hiscoe, appeals a decision of the New Hampshire Compensation Appeals Board (board) denying her an award for permanent impairment, see RSA 281-A:32, IX (1999), and terminating her weekly disability benefits, see RSA 281-A:48 (1999). We affirm. On May ...
761 A.2d 1083 (2000) | Cited 7 times
... As amended 11/22/00 Rockingham The plaintiff, Richard Averill, appeals the Superior Court's (Gray, J.) orders granting the motion to dismiss filed by the defendants, Paul R. Cox and the law firm of Burns, Bryant, Hinchey, Cox & Rockefeller, P.A., and denying his motion for production of his case ...
807 A.2d 1274 (2002) | Cited 7 times
... Strafford Submitted: July 26, 2002 The plaintiffs, Carol and Gary Allen, appeal a Superior Court (T. Nadeau, J.) order dismissing all counts of their negligence action seeking recovery for injuries suffered when Carol Allen was hit in the head by an errantly thrown softball. We affirm. The ...