KELLNER v. LOWNEY

No. 99-003.

145 N.H. 195 (2000)

JACK KELLNER, INDIVIDUALLY AND AS FATHER AND NEXT FRIEND OF MENDY KELLNER v. IRENE LOWNEY

Supreme Court of New Hampshire.

August 18, 2000.


Attorney(s) appearing for the Case

Douglas, Robinson, Leonard & Garvey, P.C., of Concord (Charles G. Douglas, III on the brief and orally), for the plaintiff.

McNeill & Taylor, P.A., of Dover (Robert J. Gallo and Lynne M. Dennis on the brief, and Mr. Gallo orally), for the defendant.


MCHUGH, J.

Jack Kellner, the plaintiff in this negligence action, appeals from a grant of summary judgment in the Superior Court (Fitzgerald, J.) in favor of the defendant, Irene Lowney. We reverse and remand.

The plaintiff brought a lawsuit against the defendant as a result of the serious injuries suffered by his son, five-year-old Mendy Kellner, when he was struck by a motor vehicle on Route 302, a public highway in Bethlehem. The defendant owned...

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