In New Hampshire there is a law that immunizes public entities, like cities and counties, from many kinds of personal injury claims (NH RSA 507-B:5). Most of these statutory immunities are waived to the extent the public entity has liability insurance (NH RSA...
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Month: February 2013
Month: February 2013
The Debenedetto Disclosure
Under current New Hampshire law, it is possible for a defendant in a personal injury case to request that a jury consider the fault of someone else for causing the injury to the plaintiff. This includes considering the fault of someone who is not involved in the...
First Circuit Orders New Trial After $14 Million Jury Verdict
The First Circuit Court of Appeals recently remanded a civil rights case for a third trial after the jury awarded the plaintiff $14 million in damages. Shawn Drumgold was tried and convicted of murder in 1989. After serving 14 years of his life sentence, he moved for...
Res Ipsa Loquitur and Multiple Defendants
Res ipsa loquitur is one of those Latin phrases lawyers like to use. It simply means the act speaks for itself. So when an accident happens that causes injury or property damage that would only happen if someone was at fault, or negligent, then the burden of proof...
Early Offer Law is Unfair to Injured Patients
The early offer law became effective in our state on January 1, 2013. This law, which was passed over Governor Lynch’s veto, permits medical providers to make early settlement offers to patients injured by medical negligence that excludes damages that are allowed...
