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BERGERON v. CITY OF MANCHESTER

No. 94-123.

140 N.H. 417 (1995)

LINDA M. BERGERON & a. v. CITY OF MANCHESTER & a.

Supreme Court of New Hampshire.

November 9, 1995.

Attorney(s) appearing for the Case

Abramson, Reis & Brown, of Manchester (Mark A. Abramson & a. on the brief, and Stanley M. Brown orally), for the plaintiffs.

Jeffrey R. Howard, attorney general (Mark P. Hodgdon, assistant attorney general, on the brief and orally), for defendants New Hampshire Department of Transportation and Frank B. Lindh, Jr.

McDonough & O'Shaughnessy, PA., of Manchester (Robert J. Meagher on the brief and orally), for defendant City of Manchester.

BROCK, C.J.

This interlocutory appeal from ruling, see SUP. CT. R. 8, arises from the Superior Court (Barry, J.) denial of defendants State of New Hampshire Department of Transportation (DOT) and Frank B. Lindh, Jr.'s motions for summary judgment and defendant City of Manchester's (city) motion to dismiss. The trial court ruled that the doctrine of sovereign immunity does not insulate the defendants from a lawsuit alleging negligent safety precautions...

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