BRANNIGAN v. USITALO

No. 90-377.

134 N.H. 50 (1991)

RORY J. BRANNIGAN v. HOWARD R. USITALO & a.

Supreme Court of New Hampshire.

March 13, 1991.


Attorney(s) appearing for the Case

Hale and Dorr, of Manchester and of Boston, Massachusetts (Joan A. Lukey and Richard V. Wiebusch on the brief, and Ms. Lukey orally), for the plaintiff.

Orr and Reno P.A., of Concord (Bradford W. Kuster and Lisa Snow Wade on the defendants' joint brief, and Mr. Kuster orally for all defendants), for defendants Thomas J. Ferraro, Dennis J. Card, and Concord Urology P.A.

Wadleigh, Starr Peters, Dunn & Chiesa, of Manchester (Marc R. Scheer on the defendants' joint brief), for defendant Howard R. Usitalo.

Sulloway Hollis & Soden, of Concord (Robert J. Lanney on the defendants' joint brief), for defendant Concord Hospital, Inc.

McLane, Graf, Raulerson & Middleton P.A., of Manchester (Bruce W. Felmly and Judith A. Fairclough on the brief), by brief for the New Hampshire Trial Lawyers Association, as amicus curiae.

Sulloway Hollis & Soden, of Concord (Martin L. Gross and Tracy D. Hill on the brief), by brief for New Hampshire Coalition for Affordable & Available Insurance Protection, as amicus curiae.


JOHNSON, J.

On interlocutory transfer without ruling from the Superior Court (Manias, J.), pursuant to Supreme Court Rule 9, the plaintiff, Rory Brannigan, challenges the constitutionality of RSA 508:4-d (Supp. 1990), which limits damages recoverable for non-economic loss in a personal injury action to $875,000. The superior court approved for transfer, and we accepted, the following questions:

"(1) Does the statute violate the Plaintiff's equal protection...

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