MARCOTTE v. TIMBERLANE/HAMPSTEAD SCHOOL DIST.

No. 94-061.

143 N.H. 331 (1999)

ROBERT MARCOTTE, ADMINISTRATOR OF THE ESTATE OF NICHOLAS MARCOTTE v. TIMBERLANE/HAMPSTEAD SCHOOL DISTRICT & a.

Supreme Court of New Hampshire.

February 9, 1999.


Attorney(s) appearing for the Case

Devine, Millimet & Branch, PA., of Manchester (Andrew D. Dunn on the brief and orally), for the plaintiff.

McDonough & O'Shaughnessy, P.A., of Manchester (Michael B. O'Shaughnessy and Cindy Robertson on the brief, and Mr. O'Shaughnessy orally), for defendant Timberlane/Hampstead School District.

Wadleigh, Starr, Peters, Dunn & Chiesa, of Manchester (Charles J. Dunn & a. on the brief, and Mr. Dunn orally), for defendant Process Engineering, Inc.

Bouchard & Mallory, PA., of Manchester (Blake M. Sutton and Robert S. Stephen on the brief, and Mr. Sutton orally), for defendant Timberlane Soccer League.

Sulloway & Hollis, of Concord (Martin L. Gross and William D. Pandolph on the brief), for the American Insurance Association, as amicus curiae.

Orr & Reno, PA., of Concord (Cordell A. Johnston & a. on the brief), for The Hitchcock Clinic and New Hampshire Medical Malpractice Joint Underwriters Association, as amici curiae.

Nixon, Hall & Hess, P.A., of Manchester (Kathryn B. Johnston on the brief), for the New Hampshire Trial Lawyers Association, as amicus curiae.


HORTON, J.

Following trial of a wrongful death action, see RSA 556:12 (1997) (amended 1997, 1998), the jury awarded $925,000 to the plaintiff, Robert Marcotte as administrator of the estate of Nicholas Marcotte. On appeal, the plaintiff argues that the Superior Court (Fauver, J.) erred in abating the verdict against defendant Timberlane/Hampstead School District (school district) to $150,000. See RSA 507-B:4 (1997). On cross-appeal, the defendants...

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