WILLIAMS v. O'BRIEN

No. 95-236.

140 N.H. 595 (1995)

GERARD WILLIAMS v. DENNIS O'BRIEN & a.

Supreme Court of New Hampshire.

December 29, 1995.


Attorney(s) appearing for the Case

Boutin & Solomon, P.A., of Londonderry (Peter M. Solomon on the brief and orally), for the plaintiff.

Devine, Millimet & Branch, P.A., of Manchester (Cynthia A. Satter on the brief and orally), for defendant Brenda Trudeau.

McDonough & O'Shaughnessy, P.A., of Manchester, for defendant Dennis O'Brien, filed no brief.


JOHNSON, J.

In this interlocutory appeal, we must determine whether a driver who signals the operator of another motor vehicle to proceed has undertaken a duty of care to other motorists on the roadway. Absent special circumstances, no such duty exists. The mere act of signaling does not, by itself, create a duty to insure the safety of other operators on the highway. However, if the signaling driver knows or should know of special circumstances which create, or could...

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