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WHITE v. ASPLUNDH TREE EXPERT CO.

No. 2004-257

151 N.H. 544 (2004)

DR. LELAND WHITE & a. v. ASPLUNDH TREE EXPERT COMPANY

Supreme Court of New Hampshire

Opinion Issued: December 10, 2004

Attorney(s) appearing for the Case

Cook & Molan, P.A., of Concord (Glenn R. Milner and Ronald E. Cook on the brief, and Mr. Milner orally), for the plaintiffs.

Devine, Millimet & Branch, P.A., of Manchester (Thomas Quarles and Pamela N. Morales on the brief, and Mr. Quarles orally), for the defendant.

BRODERICK, C.J.

The plaintiffs, Dr. Leland and Carol White, appeal and the defendant, Asplundh Tree Expert Company (Asplundh), cross-appeals an order of the Superior Court (McGuire, J.) granting Asplundh's motion for summary judgment on the plaintiffs' negligence action for personal injuries. We reverse and remand.

The record, viewed in the light most favorable to the plaintiffs, supports the following facts. In November 2001, prior to commencing tree...

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