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QUINN v. NATIONAL GYPSUM CO.

No. 83-191.

124 N.H. 418 (1983)

PAUL T. QUINN v. NATIONAL GYPSUM COMPANY

Supreme Court of New Hampshire.

December 30, 1983.

Attorney(s) appearing for the Case

Mulvey, Noucas & Sullivan P.A., of Portsmouth (Mark F. Sullivan on the brief and orally), for the plaintiff.

McLane, Graf, Raulerson & Middleton P.A., of Manchester (Wilbur A. Glahn, III, and John A. Graf on the brief, and Mr. Glahn orally), for the defendant.

PER CURIAM.

Two questions are before us upon certification by the United States District Court for the District of New Hampshire (Loughlin, J.) under our Rule 34. They are:

"1. Has New Hampshire adopted the `dual capacity' doctrine which permits an employer, normally shielded from tort liability by the exclusive remedy principle, to become liable in tort to his own employee if he acts, in addition to his capacity as an employer, in a second capacity...

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