CHAMBERLAIN v. TOWN OF KINGSTON

No. 84-311.

126 N.H. 553 (1985)

ALFRED R. CHAMBERLAIN, EXECUTOR OF THE ESTATE OF SCOTT CHAMBERLAIN v. TOWN OF KINGSTON

Supreme Court of New Hampshire.

May 24, 1985.


Attorney(s) appearing for the Case

Flynn & McGee, of Portsmouth (John P. McGee, Jr., on the brief and orally), for the plaintiff.

Kearns, Colliander, Donahue & Tucker P.A., of Exeter (David S. Brown on the brief and orally), for the defendant.


MEMORANDUM OPINION

This interlocutory transfer without ruling from the Superior Court (Dalianis, J.) raises the question whether an injured plaintiff, who has settled a claim with an employee tortfeasor and has covenanted not to sue the employee, may maintain an action against the employer where no independent fault of the employer is alleged. The sole basis of the employer's alleged liability is the doctrine of respondeat superior.

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