Concord, New Hampshire personal injury lawyer represented the Plaintiff who sued on a negligence theory.

Modified comparative negligence. A plaintiff 51% or more at fault cannot recover. A plaintiff 50% or less at fault can recover in proportion to their amount of fault.J... More...    $1 (04-01-2024 - NH)

Petitioner Roland Chretien, a New Hampshire State Prison
inmate, seeks federal habeas relief from his state court
conviction, alleging violations of his constitutional rights
based on evidentiary rulings at his trial. This court has
jurisdiction under 28 U.S.C. § 1331 (federal question) and the
Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA�).
See... More...    $0 (04-21-2008 - NH)

Brentwood, New Hampshire defendant charged with sexual assault convicted and exonerated.

Roland Chretien, age 44, was accused of chocking and forcing a woman to perform oral sex at the Blazing Saddle store in Plaistow, New Hampshire in June 2003.

The Defendant waived his right to a jury.

The 46-year-old complainant woman claimed that Chretien assaulted her, forced her in... More...    $0 (12-31-2004 - NH)

Concord, New Hampshire personal injury lawyer represented Plaintiff who sued Defendants on auto negligence and auto insurance liability theories.

"New Hampshire follows a modified comparative negligence rule, which means that a plaintiff can still recover damages for their injuries even if they were partially at fault for the accident, as long as they were not more than 50% at fault. The ... More...    $0 (04-25-2023 - NH)

Following a bench trial based upon stipulated facts, the defendant, Sean McInnis, was convicted of two counts of possession of a controlled drug. See RSA 318-B:2, I (2011). On appeal, he challenges his convictions, arguing that the Superior Court (Tucker, J.) erroneously denied his motion to suppress. We affirm.

The following facts are drawn from the trial court’s order, or are oth... More...    $0 (01-16-2017 - NH)

The defendant, Arthur Kardonsky, appeals the finding of the Circuit Court (Boyle, J.) that he was guilty of the violation-level offense of driving after suspension of his driver’s license. See RSA 263:64 (2014). On appeal, he argues that the trial court erred by ruling that this violation-level offense does not require the mens rea of “knowingly.” Because we agree, we reverse.
The relevan... More...    $0 (06-29-2016 - NH)

The defendant was originally charged with both a misdemeanor and a violation-level offense for driving his motor vehicle after
his privilege to do so had been suspended. The misdemeanor offense alleged that the defendant drove after his motor vehicle registration had been suspended; the violation-level offense alleged that he drove after his driver’s license had been suspended. At trial, d... More...    $0 (06-21-2016 - NH)

The record supports the following facts. On August 27, 2013, the defendant was involved in two motor vehicle accidents in Hollis. She was charged with driving under the influence (DUI) and with violating the “conduct after an accident” statute. See RSA 265-A:2, I(a)(2014); RSA 264:25, I. One witness saw a “big puff of dirt as if an impact had happened” on the side of the road and saw a gold se... More...    $0 (04-23-2016 - NH)

The defendant, Albert J. Boutin, III, appeals his conviction, following a jury trial in Superior Court (MacLeod, J.), on one count of misdemeanor possession of marijuana. See RSA 318-B:2, I (2011). We affirm.
The jury could have found the following facts. On July 26, 2013, State Trooper McCarthy and Corporal Magoon of the Woodstock Police Department went to the defendant’s residence to e... More...    $0 (03-12-2016 - NH)

The jury could have found the following facts. On the evening of July 14, 2012, the defendant and his cousin, Daniel Mayo, were in Portsmouth at The Page, a restaurant and bar. They left at around 12:30 a.m. and went their separate ways, with plans to meet later at another area restaurant. The victim and his friends Kevin Donahue, Robert Yitts, Jacob Losik, William Ryan Paris, and Charles “Cost... More...    $0 (02-22-2016 - NH)

Following a jury trial in Superior Court (Delker, J.), the defendant, Brian Craig, was convicted on one count of criminal threatening, RSA 631:4 (Supp. 2014); one count of witness tampering, RSA 641:5 (2007); and one count of stalking, RSA 633:3-a (Supp. 2014). The convictions were based on a series of messages that he posted on his Facebook profile page in April 2012 that were directed to the vi... More...    $0 (02-22-2016 - NH)

This is the second go-round in our appellate review of the denial of a motion to suppress filed
by defendant-appellant Jonathan Tanguay. After the district court
refused to suppress vital evidence, see United States v. Tanguay
(Tanguay I), 907 F. Supp. 2d 165, 186 (D.N.H. 2012), the defendant
went to trial. The jury convicted him on a charge of possession
of child porno... More...    $0 (02-07-2016 - NH)

In these consolidated appeals, the defendant, Samuel Pennock, appeals his conviction by a jury of felony simple assault, see RSA 631:2-a (2007); RSA 173-B:9, IV (2014), and the denial by the Superior Court (Bornstein, J.) of his post-conviction motion to vacate his sentence and for a new trial. On appeal, he argues that the trial court erred by: (1) substantively admitting the victim’s pretrial ... More...    $0 (10-27-2015 - NH)

In 1990, Congress amended the Federal Clean Air Act to require the use of an “oxygenate” in gasoline in areas not meeting certain national air quality standards. See 42 U.S.C. § 7545(k) (Supp. 1991) (amended 2005, 2007). An oxygenate is a substance used to reduce gasoline emissions. See Oxygenated Fuels Ass’n Inc. v. Davis, 331 F.3d 665, 666 (9th Cir. 2003). The amendment did not mandate the u... More...    $0 (10-04-2015 - NH)

For thousands of years,
humanity has looked to the sky and dreamt of flying. Philosophers
and poets have had much to say on the subject, leaving in their
wake a bevy of quotes and sayings about the beauty of flight.1 The
Federal Rules of Civil Procedure, although elegant in their own
way, have so far failed to inspire such devotion.
Though this case arises out of a helicopt... More...    $0 (08-02-2015 - NH)

The district court denied the petition of Ismail Ozgur Yaman ("Yaman") for return of his two daughters, E.Y., now 10, and K.Y., now 11, to Turkey, pursuant to the Hague Convention on the More...    $0 (09-11-2013 - NH)

During his freshman year of high school, plaintiff-appellee Anthony Zeno ("Anthony") transferred to Stissing Mountain High School ("SMHS") in Pine Plains, New York. SMHS was a part of defendant-appellant Pine Plains Central School District (the "District"). His fellow students harassed him for the next three-and-a-half years. He brought this action below, contending that the District was deliberat... More...    $0 (12-04-2012 - NH)

The defendants, Robert Christy, Christy & Tessier, P.A., Debra Johnson, and Kathy Tremblay, appeal a decision of the Superior Court (Tucker, J.) rescinding a professional liability policy issued by the plaintiff, Great American Insurance Company (GAIC), to the law firm of Christy & Tessier, P.A. We reverse and remand.

We set forth the relevant facts as presented in the parties’ agreed sta... More...    $0 (09-28-2012 - NH)

Milford-Bennington Railroad Company, Inc. ("MBR") appeals an award of summary judgment to Pan Am Railways, Inc.; Boston and Maine Corporation; and Springfield Terminal Railway Company (collectively, "Pan Am") in a dispute arising from Pan Am's actions under a contract to provide MBR with access to Pan Am's railroad tracks. The district court held that Pan Am did not breach its duty of good faith a... More...    $0 (09-25-2012 - NH)

This case arises out of the tragic death of the plaintiff's decedent, Gary Jones, who was shot and killed by a man wielding a stolen handgun. In her federal court complaint, the plaintiff claimed that the gun owner's negligent storage of the weapon and his failure timely to report its theft proximately caused the decedent's death. The district court rejected these claims and granted summary judgme... More...    $0 (07-10-2012 - NH)

In this personal injury case, the plaintiff, Alfred Ocasio, appeals the entry of judgment in favor of the defendant, Federal Express Corporation (FedEx). He argues that the Trial Court (Barry, J.) erred when it allowed the jury to apportion fault to his employer, the United States Postal Service (USPS), and when, despite the jury’s $1,445,700 verdict in his favor, it entered judgment for FedEx a... More...    $0 (09-22-2011 - NH)

The defendants, Scott and Christina Lees, appeal a decision of the Trial Court (Houran, J.) finding in favor of and granting damages to the plaintiff, Stephen C. Wyle, following a bench trial on his claim for negligent misrepresentation. We affirm.

The trial court found the following facts. In 2002, the defendants purchased a two-unit apartment building located at 38 Oak Street in North Con... More...    $0 (09-20-2011 - NH)

In this personal injury case, the plaintiff, Alfred Ocasio, appeals the entry of judgment in favor of the defendant, Federal Express Corporation (FedEx). He argues that the Trial Court (Barry, J.) erred when it allowed the jury to apportion fault to his employer, the United States Postal Service (USPS), and when, despite the jury’s $1,445,700 verdict in his favor, it entered judgment for FedEx a... More...    $0 (09-22-2011 - NH)

The plaintiff, Priscilla Tyler, appeals an order of the Superior Court (McHugh, J.) applying collateral estoppel to findings made by the New Hampshire Compensation Appeals Board (Board) in a subsequent civil action against the defendant, Hannaford Brothers (Hannaford). We reverse and remand.

The record contains the following facts. On June 27, 2003, while employed by Suray Promotions, Inc. ... More...    $0 (11-20-2010 - NH)

The defendants, NRT, Inc. d/b/a Coldwell Banker Residential Brokerage (Coldwell Banker) and Frank C. Schoenthaler, appeal the Superior Court’s (Smukler, J.) denial of their motion for judgment notwithstanding verdict (JNOV) and remittitur upon the jury verdict against them for breach of contract and negligent misrepresentation and upon the jury verdict against them for their counterclaims agains... More...    $0 (07-23-2010 - NH)

The defendants, Shawn Stone and Todd Connor, appeal a jury verdict awarding the plaintiffs, Joseph Laramie and Timothy Hallam, $650,000 and $1.3 million, respectively, in compensatory damages. We affirm in part, reverse in part and remand.

The record supports the following relevant facts. The parties worked together for the department of corrections (DOC) at the New Hampshire State Prison i... More...    $0 (06-30-2010 - NH)

The defendant, Terry M. Bennett, appeals a decision of the Portsmouth District Court (DeVries, J.) finding, inter alia, that he violated the Consumer Protection Act (CPA), RSA ch. 358-A (2009), in the sale of a car to the plaintiff, Douglas C. Beer. The plaintiff cross-appeals on issues related to the award of damages. We affirm.

The trial court found, or the record supports, the followin... More...    $0 (04-20-2010 - NH)

The plaintiff, Geoffrey J. Rallis, appeals a jury verdict in favor of the defendant, Demoulas Super Markets, Inc., in his negligence case. He argues that the jury instructions given by the Superior Court (McHugh, J.) were erroneous. We reverse and remand.

The record supports the following facts. On August 22, 2004, the plaintiff slipped and fell while shopping at the Market Basket Supermark... More...    $0 (07-10-2009 - NH)

The spiraling cost of brand-name prescription drugs is a matter of great concern to government at every level. New Hampshire has attempted to curb this escalating problem by enacting innovative legislation. Certain affected companies have challenged New Hampshire's legislative response, and that challenge raises important constitutional questions that lie at the intersection of free speech and cyb... More...    $0 (11-28-2008 - NH)

This appeal stems from parents' laudable efforts to provide the best possible education for their profoundly disabled daughter. After disagreements arose over the contents of the child's proposed individualized education program (IEP), a state hearing officer overruled the parents' objections and concluded that the proposed IEP complied with the strictures of the Individuals with Disabilities Educ... More...    $0 (02-29-2008 - NH)

This interlocutory appeal, see Sup. Ct. R. 8, was brought by direct defendants, Town of Hooksett (Town), Owen Gaskell and Keith Lee, and third-party defendant Jeremiah Citro, from two rulings of the Superior Court (Conboy, J.). The first denied the direct defendants' motion for summary judgment seeking immunity from the negligence claim brought by the plaintiff, Sarah Everitt, and the se... More...    $0 (09-21-2007 - NH)

The jury could have found the following facts. On August 23, 1998, Speedway owned the New Hampshire International Speedway, a racetra... More...    $1200000 (09-10-2004 - NH)

The jilted suitor responded aggressively, haling Synopsys into court and... More...    $0 (07-08-2004 - NH)

Roland A. Bennett died on September 5, 1999. A petition for estate administration, listing real estate worth $40,000 as the sole asse... More...    $0 (05-30-2003 - NH)

The plaintiff, Progressive Northern Insurance Company (Progressive), appeals from the Superior Court's (Brennan, J.) order granting summary judgment for the defendant, Enterprise Rent-A-Car Company of Boston, Inc. (Enterprise). Progressive sought a declaratory judgment that Enterprise has the legal obligation to provide primary protection, pursuant to the Financial Responsibility Act, for all N... More...    $0 (05-14-2003 - NH)

The plaintiffs are severely developmentally disabled adults who resided in group homes operated by the defendant. In 1998, the plaintiffs, through their guardians, filed... More...    $0 (03-17-2003 - NH)

The plaintiffs, Judith Kravitz and her daughter, Jane Doe, appeal a ruling of the Superior Court (Mangones, J.) denying their motion for additur, or in the alternative, for a new trial on damages. The plaintiffs maintain that the trial court erred by allowing defendant Beech Hill Hospital, L.L.C. (Beech Hill) to impeach the jury's verdict by supplementing the record with evidence obtained during i... More...    $0 (10-07-2002 - NH)

The plaintiffs allege the following facts. On September 13, 1998, Carol Allen was injured while participating in a recreational softball game ... More...    $0 (09-30-2002 - NH)

The plaintiffs were injured in a car accident. At the time of the accident, they were passengers in a vehicle dri... More...    $0 (07-03-2002 - NH)