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DUNN v. CLD PAVING

No. 94-089.

140 N.H. 120 (1995)

CLAYTON L. DUNN v. CLD PAVING, INC.

Supreme Court of New Hampshire.

August 9, 1995.

Attorney(s) appearing for the Case

Downs Rachlin & Martin, P.C., of Littleton (Gregory S. Clayton on the brief and orally), for the plaintiff.

Wiggin & Nourie, P.A., of Manchester (Doreen F. Connor on the brief and orally), for the defendant.

BROCK, C.J.

The defendant, CLD Paving, Inc. (CLD), appeals the Superior Court (O'Neil, J.) decision that a lease agreement between CLD and the plaintiff, Clayton L. Dunn, required CLD to indemnify Dunn for a negligence lawsuit. We reverse and remand.

Dunn and his wife, Rosemary Dunn, are the sole owners of a garage in Laconia, which they lease to CLD. Dunn is the president of CLD. In 1989, Donald Bosse, a CLD employee, was injured when an oil storage...

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