The New Hampshire Legislature recently amended the statute that defines what is an uninsured motor vehicle. Prior to the amendment, the definition of an uninsured motor vehicle included two categories: (1) vehicles for which the liability insurer was unable to...
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PERSONAL INJURY
PERSONAL INJURY
A Basic Primer on Liens in a Personal Injury Case
If you settle or obtain a judgment in a personal injury case, it would not surprise most people that a person would have to deduct attorney’s fees and the costs of litigation from the final amount of the settlement or judgment. It may not be so obvious, however, that...
Federal District Court Decides Motion to Dismiss in Exeter Hospital Contribution Action
On September 4, 2014, the United States District Court for the District of New Hampshire dismissed one of two contribution claims filed by Exeter Hospital based on the lawsuits filed against it by patients infected with Hepatitis C. The patients were infected with...
Who Let the Dogs Out?
An attack by a vicious dog can result in severe physical and emotional injuries to the person who was attacked. By statute, the owner of the dog is strictly liable for injuries caused by his or her dog. RSA 466:19. Although frequently referred to as a dog bite...
Wrongful Death Following Propane Explosion
In a tragic case, a woman was killed when her relatively new condominium exploded due to a propane leak in her basement. The force of the explosion nearly leveled the condominium and all of the gas appliances were destroyed. Careful examination of the...
Vaccine Injury
Most of the time, vaccines are a routine, uneventful part of healthcare. For certain individuals, however, reactions to the inoculations can cause severe injuries and health conditions. Adults and children alike can find their lives permanently...
Ropivacaine Overdose was Preventable
On October 25, 2011, the plaintiff, age 53, was recovering from surgery at the defendant hospital. The surgery was uneventful and he was doing well postoperatively. The nurse changed the bag of his epidural pain medication, Ropivicaine (Naropin), which was...
Trial Court finds student hit by a drunk driver is entitled to coverage under his school bus’s insurance policy
In 2008, an 11 year old student was dropped off at his usual bus stop along a busy road. As required by the nature of the bus stop, he had to walk with his back to traffic to get to his driveway. There was no sidewalk. Shortly after exiting the school bus, a drunk...
Child with Severe Burns to Both Feet
McDowell & Osburn recently settled a case involving a two-year old child with severe burns to both feet. The two-year old was playing in the back yard of the duplex where his family rented an apartment. His mother’s boyfriend was watching him and his baby...
Immunity for N.H. Public Entities Does Not Extend to Motor Vehicles
New Hampshire public entities, such as towns, cities, counties and school disctricts, are protected by various statutory immunities that limit when they can be sued for injuring someone. There are exceptions to these immunity statutes. RSA 507-B:2 allows claims...
