LEMAY v. BURNETT

No. 94-261.

139 N.H. 633 (1995)

LARRY L. LEMAY v. GLORIA BURNETT

Supreme Court of New Hampshire.

June 14, 1995.


Attorney(s) appearing for the Case

Bernard J. Robertson, of Exeter, by brief and orally, for the plaintiff.

McDonough & Lindh, P.A., of Manchester (James G. Walker on the brief and orally), for the defendant.


JOHNSON, J.

The plaintiff, Larry L. Lemay, sued the defendant, Gloria Burnett, for injuries he allegedly suffered while diving into her swimming pool. Prior to trial, Lemay informed Burnett that he did not intend to call any expert witnesses to prove his case. Burnett moved to dismiss for lack of a swimming pool expert, arguing that the lawsuit presented scientific issues too complex for the jury to resolve unassisted. The Superior Court (Dickson, J.) granted...

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