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MILLIS v. FOUTS

No. 97-426.

144 N.H. 446 (1999)

WILHEMINA MILLIS v. GARY FOUTS

Supreme Court of New Hampshire.

December 13, 1999.

Attorney(s) appearing for the Case

Cleveland, Waters and Bass, P.A., of Concord (Mark D. Wiseman on the brief and orally), for the plaintiff.

Wiggin & Nourie, P.A., of Manchester (Dennis T. Ducharme on the brief and orally), for the defendant.

THAYER, J.

The defendant, Gary Fouts, appeals from a decision by the Superior Court (McGuire, J.) that he owed a duty of care to the plaintiff, Wilhemina Millis. We reverse.

The plaintiff and Joseph Sferlazza rented an apartment from the defendant. The plaintiff brought a negligence action against the defendant after she injured her ankle while removing a rotted fence on the property. Prior to the accident, Sferlazza spoke with the defendant about the...

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