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| General Linen Servs. v. Smirnioudis, No. 2005-268,
SUPREME COURT OF NEW HAMPSHIRE, April 26, 2006, Opinion Issued
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Overview: Commercial frustration did not excuse a restaurant owner from responsibility for lost profits under a linen rental contract after one of his two restaurants burned because he had already breached the contract before the fire. Findings that he understood the contract and that 140 weeks remained in its term were sufficiently supported by evidence.
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| In re Harvey, No. 2005-168,
SUPREME COURT OF NEW HAMPSHIRE, April 26, 2006, Opinion Issued
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Overview: A marital asset payout of 23 years was unreasonable under N.H. Rev. Stat. Ann. § 458:16-a(II) (2004); immediate payout or one in reasonable time was needed. Debt to husband's parents was moral one and not properly charged to marital estate. Wife's non-economic contributions were properly considered under N.H. Rev. Stat. Ann. § 458:16-a(II)(m), (n).
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| State v. Cochrane, No. 2005-021,
SUPREME COURT OF NEW HAMPSHIRE, April 26, 2006, Opinion Issued
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Overview: Police officer's testimony regarding Horizontal Gaze Nystagmus test constituted lay testimony under N.H. R. Evid. 701, as it was based on officer's observations, made in accordance with established National Highway Traffic Safety Administration standards and guidelines, and did not encompass highly technical or specialized scientific information.
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| Guilfoy v. United Servs. Auto. Ass'n, No. 2005-581,
SUPREME COURT OF NEW HAMPSHIRE, April 27, 2006, Opinion Issued
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Overview: Once an insurer paid parents of a child killed in a car accident its policy's per person limit for bodily injury, they were not further entitled to statutory damages for loss of familial relationship, under N.H. Rev. Stat. Ann. § 556:12(III) (2005), as loss of familial relationship was not a separate bodily injury triggering additional coverage.
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| State v. Gibson, No. 2005-185,
SUPREME COURT OF NEW HAMPSHIRE, April 27, 2006, Opinion Issued
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Overview: Superior court properly refused to dismiss felonious sexual assault charge under N.H. Rev. Stat. Ann. § 632-A:3 because defendant had not shown that victim's statement that there was "merging" in her mind between continuous memories and inadmissible repressed memories demonstrated that her memory of the admissible assault was no longer continuous.
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| Thompson v. C&C Research & Dev. LLC, No. 2004-808,
SUPREME COURT OF NEW HAMPSHIRE, April 27, 2006, Opinion Issued
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Overview: Corporation was not liable for company's breach of its endorsement contract with athlete, as there was no de facto merger of two entities. Their physical locations remained separate, corporation continued with same management, it did not pay for company's assets with its own stock, and company did not cease to exist upon transfer of its assets.
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| Carignan v. Wheeler, No. 2005-287,
SUPREME COURT OF NEW HAMPSHIRE, May 5, 2006, Opinion Issued
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Overview: Trial court properly excluded a police officer's accident report during a trial of a personal injury action arising from an automobile accident, as the trial court's finding that the officer's report was untrustworthy due to the police officer's lack of experience and training in accident investigation was both tenable and reasonable.
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| Merchs. Mut. Ins. Co. v. Laighton Homes, LLC, No. 2005-230,
SUPREME COURT OF NEW HAMPSHIRE, May 16, 2006, Opinion Issued
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Overview: Because a subcontractor's commercial general liability policy contained clear and unambiguous exclusions for bodily injury damages that arose out of an injured employee's work, the exclusions unambiguously applied to a general contractor's indemnity claims; therefore, the trial court erred in granting summary judgment to the general contractor.
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| Simpson v. Young, No. 2004-700,
SUPREME COURT OF NEW HAMPSHIRE, May 16, 2006, Opinion Issued
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Overview: When a landlord violated N.H. Rev. Stat. Ann. § 540-A:3, under N.H. Rev. Stat. Ann. § 540-A:4, the tenant was entitled to damages for each day of the violation and appellate attorney's fees as well. As damages for each day was to be considered a separate award of $ 1,000, a district court did not lack jurisdiction to award damages over $ 25,000.
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| State v. Kelley, No. 2005-111,
SUPREME COURT OF NEW HAMPSHIRE, May 16, 2006, Opinion Issued
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Overview: Because the word "detain" did not have to be applied in a criminal context to the exclusion of other applications, defendant could be convicted for resisting arrest or detention under N.H. Rev. Stat. Ann. § 642:2 where he knowingly or purposely physically interfered with his being taken into protective custody under N.H. Rev. Stat. Ann. § 172-B:3.
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