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MEANEY v. RUBEGA

No. 95-320.

142 N.H. 530 (1997)

JOHN AND SUSAN MEANEY v. ALFRED RUBEGA

Supreme Court of New Hampshire.

December 31, 1997.

Attorney(s) appearing for the Case

Stein, Volinsky & Callaghan, P.A., of Concord (Robert A. Stein and Peter J. Lavallee on the brief, and Mr. Stein orally), for the plaintiffs.

Devine, Millimet & Branch, P.A., of Manchester (Andrew D. Dunn and Julie A. Dascoli on the brief, and Mr. Dunn orally), for the defendant.

MEMORANDUM OPINION

BROCK, C.J.

The plaintiffs, John and Susan Meaney, appeal the Superior Court (Sullivan, J.) denial of their motion to set aside the verdict and for a new trial based on the trial court's failure to instruct the jury that brake failure is an affirmative defense. We affirm.

On June 10, 1992, plaintiff John Meaney was exiting his State Police cruiser at a construction site on Interstate 89 in Hopkinton when a vehicle operated...

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