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ESTATE OF CARGILL v. CITY OF ROCHESTER

No. 78-277.

119 N.H. 661 (1979)

ESTATE OF MICHAEL CARGILL RUSSELL CARGILL, ADMINISTRATOR AND FATHER AND NEXT FRIEND OF MICHAEL CARGILL v. THE CITY OF ROCHESTER JOHN MICHAEL MULCAHY, BY HIS FATHER AND NEXT FRIEND, AND JOHN J. MULCAHY, INDIVIDUALLY v. THE CITY OF ROCHESTER

Supreme Court of New Hampshire.

August 20, 1979

Attorney(s) appearing for the Case

Snierson, Chandler & McKean, of Laconia, by brief, for plaintiffs Cargill.

Holland, Donovan, Beckett & Welch, of Exeter (Stephen G. Hermans orally), for plaintiffs Mulcahy.

Fisher, Parsons, Moran & Temple, of Dover, and William B. Cullimore, of Farmington (Mr. Cullimore orally), for the city of Rochester.

BROCK, J.

These companion petitions for declaratory judgment challenge the constitutionality of RSA 507-B:4 (Supp. 1977), which limits tort recovery from governmental units to $50,000 for bodily injuries sustained by one person.

In Merrill v. City of Manchester, 114 N.H. 722, 332 A.2d 378 (1974), this court prospectively abrogated the common law tort immunity of cities and towns. At that time we invited the legislature...

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