TROVATO v. DEVEAU

No. 97-748.

143 N.H. 523 (1999)

MARY C. TROVATO, EXECUTRIX OF THE ESTATE OF WILLIAM B. BOLTON v. THOMAS H. DEVEAU

Supreme Court of New Hampshire.

April 21, 1999.


Attorney(s) appearing for the Case

Nixon, Raiche, Manning & Casinghino, P.A., of Manchester (David L. Nixon and Leslie C. Nixon on the brief, and Ms. Nixon orally), for the plaintiff.

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


BRODERICK, J.

This is an interlocutory appeal without ruling from the Superior Court (Sullivan, J.). See SUP. CT. R. 9. The plaintiff, the Estate of William B. Bolton (estate), challenges the constitutionality of RSA 556:13 (1997), which governs the damages recoverable for wrongful death. The transferred question inquires:

Whether RSA 556:13, which caps at $50,000.00 the damages recoverable in a wrongful death action, where the decedent was...

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