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DIFRUSCIA v. N.H. DEPT. OF PUB. WORKS & HIGHWAYS

No. 91-346.

136 N.H. 202 (1992)

MARIA DIFRUSCIA, ADMINISTRATRIX OF THE ESTATE OF MARIA PAGLIERANI v. THE NEW HAMPSHIRE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

Supreme Court of New Hampshire.

September 10, 1992.

Attorney(s) appearing for the Case

Winer and Bennett, of Nashua (Edna M. Conway on the brief and Peter G. Webb orally), for the plaintiff.

John P. Arnold, attorney general (Mark P. Hodgdon, assistant attorney general, on the brief and orally), for the State.

BROCK, C.J.

The plaintiff, Maria DiFruscia, appeals from a decision of the Superior Court (Gray, J.) dismissing her action against the New Hampshire Department of Public Works and Highways (DPW). The trial court, concluding that highway design, construction, maintenance, and operation constituted a discretionary function, ruled that the DPW's actions fell within RSA 541-B:19, I(c) (Supp. 1991), thereby shielding it from suit. We reverse and remand.

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