LORTIE v. BOIS

No. 78-163.

119 N.H. 72 (1979)

RUDY LORTIE, ADMINISTRATOR OF ESTATE OF SCOTT GUY LORTIE v. ROBERT BOIS, INDIVIDUALLY AND d/b/a ROTO-ROOTER SEWER & DRAIN SERVICE

Supreme Court of New Hampshire.

February 14, 1979.


Attorney(s) appearing for the Case

Stark & Peltonen, of Manchester (Michael M. Ransmeier orally), for the plaintiff.

Wiggin & Nourie, of Manchester (William S. Orcutt orally), for the defendant.


BROCK, J.

The defendant appeals from denial of his motion for summary judgment in a wrongful death action. He moved for summary judgment pursuant to RSA 491:8-a (Supp. 1977) and submitted several affidavits in support thereof. The plaintiff objected and filed a counter-affidavit, sworn to by his attorney. The defendant then moved to strike the counter-affidavit on the ground that it was not based on personal knowledge or admissible...

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