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BOWDEN v. COMM'R, N.H. DEP'T OF TRANSPORTATION

No. 97-820.

144 N.H. 491 (1999)

CRAIG J. AND CHRISINDA BOWDEN v. COMMISSIONER, NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION & a.

Supreme Court of New Hampshire.

December 21, 1999.

Attorney(s) appearing for the Case

Kalled Law Offices, of Ossipee (John P. Kalled on the brief and orally), for the plaintiffs.

Philip T. McLaughlin, attorney general (Mark P. Hodgdon, senior assistant attorney general, on the brief and orally), for the defendants.

Donahue Law, PA., of Vero Beach, Florida (Kathryn B. Johnston on the brief), for the New Hampshire Trial Lawyers Association, as amicus curiae.

THAYER, J.

The plaintiffs, Craig and Chrisinda Bowden, appeal a decision of the Superior Court (Barry, J.) granting a motion to dismiss filed by the defendants, the commissioner of the department of transportation, the department of transportation, and the State of New Hampshire. We affirm.

The plaintiffs alleged the following facts. On April 17, 1993, at approximately 6:40 p.m., Craig Bowden was driving his motorcycle in a southeasterly direction around...

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