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ALLEN v. DOVER CO-RECREATIONAL SOFTBALL LEAGUE

No. 2001-457.

148 N.H. 407 (2002)

CAROL AND GARY ALLEN v. DOVER CO-RECREATIONAL SOFTBALL LEAGUE & a.

Supreme Court of New Hampshire.

Opinion Issued: September 30, 2002.

Attorney(s) appearing for the Case

McDowell & Osburn, P.A., of Manchester (Joseph F. McDowell, III and Mark D. Morrissette on the brief), for the plaintiffs.

Backus, Meyer, Solomon, Rood & Branch, LLP, of Manchester (Erica Bodwell and Robert A. Backus on the brief), for defendants Dover Co-Recreational Softball League, Amateur Softball Association of America, Daniel's Sports Bar and Grill, Thompson Imports, and Martel-Roberge American Legion Post #47.

Upton & Hatfield, LLP, of Concord, for defendant Bollinger Fowler Company, joins the brief submitted by the other defendants.

DUGGAN, J.

The plaintiffs, Carol and Gary Allen, appeal a Superior Court (T. Nadeau, J.) order dismissing all counts of their negligence action seeking recovery for injuries suffered when Carol Allen was hit in the head by an errantly thrown softball. We affirm.

The plaintiffs allege the following facts. On September 13, 1998, Carol Allen was injured while participating in a recreational softball game when an errantly thrown softball struck her in the...

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