WILSON v. PROGRESSIVE N. INS. CO.

No. 2004-158

151 N.H. 782 (2005)

STEPHANY WILSON v. PROGRESSIVE NORTHERN INSURANCE COMPANY

Supreme Court of New Hampshire

Reargued: January 12, 2005

Opinion Issued: March 3, 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. Smith orally), for the plaintiff.

Wiggin & Nourie, P.A., of Manchester (Gordon A. Rehnborg, Jr. and Mary Ann Dempsey on the brief, and Ms. Dempsey orally), for the defendant.


DUGGAN, J.

The plaintiff, Stephany Wilson, appeals an order of the Superior Court (Smukler, J.) granting summary judgment to the defendant, Progressive Northern Insurance Company (Progressive). Progressive cross-appeals. We reverse in part and affirm in part.

For summary judgment purposes, the parties do not dispute the following facts. On May 7, 2000, in Falmouth, Massachusetts, the plaintiff and a friend hailed a black, four-door Lincoln taxicab....

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