WINNISQUAM REG. SCH. DIST. v. LEVINE

No. 2004-079.

152 N.H. 537 (2005)

WINNISQUAM REGIONAL SCHOOL DISTRICT v. DANIEL J. LEVINE & a. WINNISQUAM REGIONAL SCHOOL DISTRICT v. BUTLER MANUFACTURING COMPANY & a.

Supreme Court of New Hampshire.

Opinion Issued: August 18, 2005.


Attorney(s) appearing for the Case

Devine, Millimet & Branch, P.A., of Manchester (Andrew D. Dunn and Donald L. Smith on the brief, and Mr. Dunn orally), for the plaintiff.

D'Amante Couser Steiner Pellerin, P.A., of Concord (R. James Steiner and Gayle M. Braley on the brief, and Mr. Steiner orally), for defendant Dutton & Garfield, Inc.

Donovan Hatem LLP, of Boston, Massachusetts (Jeffrey L. Alitz on the brief), for American Institute of Architects (New Hampshire Chapter), Structural Engineers of New Hampshire, American Council of Engineering Companies of New Hampshire, Board of Associated Builders and Contractors (New Hampshire/Vermont Chapter), and Associated General Contractors of New Hampshire, as amici curiae.


NADEAU, J.

Defendant Dutton & Garfield, Inc. (D & G) appeals an order of the Superior Court (Perkins, J.) arguing that the court erred by: (1) holding that the statute of repose found in RSA 508:4-b (1997) was unconstitutional and denying the motion to dismiss; and (2) denying its motion for judgment notwithstanding the verdict. We reverse.

This appeal follows a jury verdict awarding the plaintiff, Winnisquam Regional School District (Winnisquam...

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