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NILES v. HEALY

No. 7082 No. 7201

115 N.H. 370 (1975)

JEAN P. NILES & a. v. FLORENCE K. HEALY & a. SAME v. NEW HAMPSHIRE STATE LIQUOR COMMISSION & a. KATHERINE T. KANE v. NEW HAMPSHIRE STATE LIQUOR COMMISSION DONALD P. AYOTTE v. LIQUOR COMMISSION OF THE STATE OF NEW HAMPSHIRE

Supreme Court of New Hampshire

June 30, 1975

Attorney(s) appearing for the Case

Stebbins & Bradley and Michael L. Slive and Blair C. Wood (Mr. Slive orally) for plaintiffs Jean P. Niles and Nathaniel W. Niles.

Howard B. Lane for plaintiff Katherine T. Kane, filed no brief.

Shaines, Madrigan & McEachern and Sanford Roberts (Mr. Roberts orally) for plaintiffs Donald P. Ayotte and Vickie L. Ayotte.

Devine, Millimet, Stahl & Branch for defendant Katherine T. Kane, filed no brief.

Warren B. Rudman, attorney general, and Charles G. Cleaveland, assistant attorney general (Mr. Cleaveland orally), for the defendant Liquor Commission.

Sulloway, Hollis, Godfrey & Soden and John C. Ransmeier (Mr. Ransmeier orally) for Robert L. Lavoie and Norma B. Lavoie intervenors.

Vincent J. Nardi II for intervenor Walter Collins, filed no brief.

Warren B. Rudman, attorney general, and Roger G. Burlingame, assistant attorney general, by brief for intervenor State of New Hampshire.

LAMPRON, J.

The only issue briefed and argued on these appeals is whether the defense of sovereign immunity is available to the State in these actions.

Jean P. and Nathaniel W. Niles brought actions for damages against the State liquor commission for injuries received by Jean on November 8, 1969, when she fell on wet leaves in a parking area adjacent to a commission liquor store in Walpole after making a purchase. These plaintiffs also sued Florence K. Healy...

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