HURLEY v. PUBLIC SERVICE CO. OF N.H.

No. 82-394.

123 N.H. 750 (1983)

JAMES HURLEY v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE DARREL D. LYNCH, JR. v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE

Supreme Court of New Hampshire.

August 31, 1983.


Attorney(s) appearing for the Case

Boynton, Waldron, Doleac, Woodman & Scott, of Portsmouth, and Griffin, Harrington, Brigham, Ritzo & Swanson P.A., of Portsmouth (Charles B. Doleac and Dale T. Swanson on the brief, and Mr. Doleac orally), for the plaintiff James Hurley.

Ouellette, Hallisey, Dibble & Tanguay, of Dover (William L. Tanguay on the brief and orally), for the plaintiff Darrel D. Lynch, Jr.

Sulloway, Hollis & Soden, of Concord (James L. Kruse and James E. Owers on the brief, and Mr. Kruse orally), for the defendant.


BATCHELDER, J.

The question presented in this appeal of two cases consolidated for trial is whether our comparative negligence statute, RSA 507:7-a (Supp. 1979), permits a plaintiff in a multiple defendant negligence action to recover so long as the plaintiff's negligence does not exceed the total causative negligence of all the defendants. We hold that it does.

The facts which give rise to this appeal may be simply stated. On October 1, 1976, the plaintiffs...

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