WELDY v. TOWN OF KINGSTON

No. 85-275. No. 85-277.

128 N.H. 325 (1986)

NORMAN E. WELDY, JR., ADMINISTRATOR OF THE ESTATE OF NANCY WELDY v. TOWN OF KINGSTON DENISE GERRY b/m/n/f ROBERTA MCCARTHY v. TOWN OF KINGSTON

Supreme Court of New Hampshire.

July 17, 1986.


Attorney(s) appearing for the Case

Boynton, Waldron, Doleac, Woodman & Scott P.A., of Portsmouth (Charles B. Doleac on the brief and orally), for Norman E. Weldy, Jr., Administrator of the Estate of Nancy Weldy.

Bernard J. Robertson, of Exeter, by brief and orally, for Denise Gerry b/m/n/f Roberta McCarthy.

Sheehan, Phinney, Bass & Green P.A., of Exeter (David S. Brown on the briefs, and Peter F. Kearns orally), for the Town of Kingston.


JOHNSON, J.

These appeals arise out of a single trial in which the plaintiffs sued the Town of Kingston for negligence in connection with a motor vehicle accident. In No. 85-277, the defendant contends that (1) the plaintiff, Denise Gerry, failed to prove that the Town of Kingston breached a duty of care, and that the breach proximately caused the plaintiff's injury; (2) the Trial Court's (Thayer, J.) jury instructions were inadequate; and (3) the jury verdict...

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