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COFFEY v. BRESNAHAN

No. 84-454.

127 N.H. 687 (1986)

LISA COFFEY p/p/a JAMES COFFEY AND JAMES COFFEY AND MARIA COFFEY v. YVONNE BRESNAHAN, AS ADM'X OF THE ESTATE OF B. FRANCIS BRESNAHAN, M.D., AND CATHOLIC MEDICAL CENTER

Supreme Court of New Hampshire.

February 27, 1986.

Attorney(s) appearing for the Case

Brown & Nixon P.A., of Manchester (Francis G. Murphy, Jr., and Michael P. Hall on the brief, and Mr. Murphy orally), for the plaintiffs.

Sulloway, Hollis & Soden, of Concord (Arthur W. Mudge on the brief and orally), for the defendant Yvonne Bresnahan.

BROCK, J.

In this interlocutory transfer without ruling, we are asked to determine, inter alia, whether the statutes of limitations and prohibitions contained in RSA 556:1, :3, :5, and :11 bar the plaintiffs' medical malpractice action against the defendant estate. We hold that RSA 556:11 does not bar the plaintiffs' action, and remand for a determination of whether RSA 556:28 may be applied to relieve plaintiffs from the penalty of noncompliance with RSA 556...

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