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BAXTER v. TEMPLE

No. 2007-102.

949 A.2d 167 (2008)

Shelby BAXTER, by her Mother and Next Friend, Patricia Baxter v. Charles TEMPLE and another.

Supreme Court of New Hampshire.

Opinion Issued: May 20, 2008.

Attorney(s) appearing for the Case

Seufert Professional Association, of Franklin (Christopher J. Seufert on the brief), and Thornton & Naumes, LLP, of Boston, Massachusetts (Neil T. Leifer and Andrew S. Wainwright on the brief, and Mr. Leifer orally), for the plaintiff.

Wiggin & Nourie, P.A., of Manchester (Gary M. Burt and Doreen F. Connor on the brief, and Mr. Burt orally), for the defendants.

Hall, Stewart & Murphy, P.A., of Manchester (Francis G. Murphy on the brief and orally), for the American Academy of Clinical Neuropsychology, as amicus curiae.

DUGGAN, J.

The minor plaintiff, Shelby Baxter, by and through her mother and next friend, Patricia Baxter, appeals the exclusion by the Trial Court (Hollman, J.) of two expert witnesses in her negligence action against the defendants, Charles and Kelly Temple. The exclusion of these witnesses resulted in dismissal of the plaintiff's case. We reverse in part, vacate in part, and remand.

I. Factual and Procedural Background

The record supports...

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