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GARDNER v. CITY OF CONCORD

No. 92-064.

137 N.H. 253 (1993)

BEVERLY N. GARDNER v. CITY OF CONCORD

Supreme Court of New Hampshire.

Modified on reconsideration, May 24, 1993.

Attorney(s) appearing for the Case

Rinden Professional Association, of Concord (Paul A. Rinden on the brief and orally), for the plaintiff.

Cleveland, Waters and Bass, P.A., of Concord (Thomas F. Kehr and Craig L. Staples on the brief, and Mr. Kehr orally), for the defendant.

BROCK, C.J.

The plaintiff, Beverly N. Gardner, appeals the decision of the Superior Court (Dickson, J.), dismissing her action against the City of Concord (city). She argues that the trial court erred by ruling that the city was immune from liability under the discretionary function exception to the abrogation of municipal immunity. Because not all of the acts or omissions alleged as negligent necessarily implicate...

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