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HEBERT v. HEBERT

No. 79-335.

120 N.H. 369 (1980)

CLAIRE HEBERT, ADMINISTRATRIX OF THE ESTATE OF MICHAEL HEBERT & a. v. DANIEL HEBERT, d/b/a COLEBROOK COUNTRY CLUB & a.

Supreme Court of New Hampshire.

May 12, 1980.

Attorney(s) appearing for the Case

Nighswander, Lord, Martin & KillKelley, of Laconia (David J. KillKelley orally), for the plaintiff.

Ransmeier & Spellman, of Concord (Lawrence S. Smith orally), for the defendant Balsams Hotel Corp.

Devine, Millimet, Stahl & Branch, of Manchester (John T. Broderick, Jr., orally), for the defendants Daniel Hebert, d/b/a Colebrook Country Club, and Colebrook Country Club, Inc.

DOUGLAS, J.

In January 1975, both Suzanne and Michael Hebert were fatally injured in an automobile accident. The plaintiff, as administratrix of the decedents' estates, brought these tort actions against the defendants pursuant to the survival statute, RSA 556:9-14. Because the plaintiff failed to commence these actions within the two-year period mandated by RSA 556:11, each of the defendants moved to dismiss. Following a hearing, the

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