John Langlois v. Alan and Michelle Pomerleau

Landlord and Tenant- Parent and Child - Negligence - The plaintiff sued for negligence, negligent entrustment, and negligent supervision against the defendant tenants for a fire that occurred on February 18, 1994 in the defendants' apartment in Newmarket. On that date, Michelle Pomerleau was in the apartment with her son Daniel, who was then one day shy of turning three years old. While the mother was taking a shower, her son played in the bathroom and master bedroom. While she was blow drying her hair, Daniel walked into the bathroom stating "Uh-oh, Mama" and subsequently Michelle returned to the master bedroom and found the carpet burning near the bed. The fire, which she unsuccessfully attempted to extinguish, caused stipulated damages of $187,750. The trial court evidence showed although Daniel may have had access to matches and lighters, but that the parents had no reason to believe he had a propensity to play with them. The trial court dismissed the negligence count prior to trial and granted the defendants' motion for a directed verdict on the negligent entrustment claim at the close of the plaintiff's evidence. The trial court denied the defendants' motion for a directed verdict on the negligent supervision claim. The negligent supervision claim went to the jury. The defendants moved for judgment notwithstanding the verdict, which the trial court denied.

The negligent supervision claim went to the jury, which returned a verdict for the plaintiff.

William Hurteau, expertise unknown.

Unknown

The Supreme Court of New Hampshire reversed the verdict on the negligence supervision claim and affirmed the trial court's dismissal of the negligent entrustment and negligence counts. See: 726 A.2d 1285 (N.H. 1999). Also note the date which appears above for this case reflects the Supreme Court date, not the original trial date.