Niles v. Healy, s. 7082
| Decision Date | 30 June 1975 |
| Docket Number | 7201,Nos. 7082,s. 7082 |
| Citation | 343 A.2d 226,115 N.H. 370 |
| Parties | Jean P. NILES et al. v. Florence K. HEALY et al. Jean P. NILES v. NEW HAMPSHIRE STATE LIQUOR COMMISSION et al. Katherine T. KANE v. NEW HAMPSHIRE STATE LIQUOR COMMISSION. Donald P. AYOTTE v. LIQUOR COMMISSION of the State of New Hampshire. |
| Court | New Hampshire Supreme Court |
Stebbins & Bradley, and Michael L. Slive, and Blair C. Wood, Jr., Hanover (Mr. Slive orally), for plaintiffs Jean P. Niles and Nathaniel W. Niles.
Howard B. Lane, Keene, Devine, Millimet, Stahl & Branch, Manchester, for plaintiff Katherine T. Kane, filed no brief.
Shaines, Madrigan & McEachern and Sanford Roberts, Portsmouth (Mr. Roberts orally), for plaintiffs Donald P. Ayotte and Vickie L. Ayotte.
Warren B. Rudman, Atty. Gen., and Charles G. Cleaveland, Asst. Atty. Gen. (Mr. Cleaveland orally), for the defendant Liquor Commission.
Sulloway, Hollis, Godfrey & Soden and John C. Ransmeier, Concord (Mr. Ransmeier orally), for Robert L. Lavoie and Norma B. Lavoie, intervenors.
Vincent J. Nardi, II, Concord, for intervenor Walter Collins, filed no brief.
Warren B. Rudman, Atty. Gen., and Roger G. Burlingame, Asst. Atty. Gen., by brief for intervenor State of New Hampshire.
The only issue briefed and argued on these appeals is whether the defense of sovereign immunity is available to the State in these actions.
Jean P. and Nathaniel W. Niles brought actions for damages against the State liquor commission for injuries received by Jean on November 8, 1969, when she fell on wet leaves in a parking area adjacent to a commission liquor store in Walpole after making a purchase. These plaintiffs also sued Florence K. Healy and Katherine T. Kane, owner and lessor of the premises in question, and James M. Howe, manager of the store. The suit against Florence K. Healy was dismissed by agreement. Katherine T. Kane brought an action against the State for indemnification or contribution. The State's motion to dismiss these actions was granted by Loughlin, J., who reserved and transferred plaintiffs' exceptions.
Donald P. Ayotte brought an action for injuries received when on November 26, 1974, he slipped on a patch of ice in the parking area adjacent to the commission liquor store in Salem. His wife, Vickie, was later joined as a plaintiff by amendment. The issue of whether the defense of sovereign immunity is available to the State was reserved and transferred without ruling by Douglas, J.
Robert L. and Norma B. Lavoie who have pending tort actions against the State for injuries received by Norma on October 21, 1972, in a motor vehicle accident in Allenstown were allowed by this court to intervene in these appeals. Walter Collins who also has a tort action against the State was also permitted to intervene. The State was also allowed to intervene in opposition to the claims of the Lavoies and Collins that they should obtain the benefit of a decision abrogating state immunity if this should be the result reached on these appeals.
Insofar as a general abrogation of state immunity for torts is sought, this court has refused to decree such an abrogation in the cases of Sousa v. State of New Hampshire, 341 A.2d 282, and Evans v....
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Opinion of the Justices
...claim of police officer against State hospital for injuries inflicted by escapee of hospital barred); Niles v. Healy, 115 N.H. 370, 371-72, 343 A.2d 226, 227-28 (1975) (negligence claim of State liquor store patron for injuries arising from slip on ice outside store barred); Sousa v. State,......
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Tilton v. Dougherty
...exercise of governmental, as distinguished from "proprietary" functions, the immunity was virtually plenary. See Niles v. Healy, 115 N.H. 370, 372, 343 A.2d 226, 227-28 (1975); Krzysztalowski v. Fortin, supra 108 N.H. at 189, 230 A.2d at 752. Cf. Merrill v. Manchester, 114 N.H. 722, 725, 72......
- Proctor v. Bank of New Hampshire, N.A.
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Kane v. New Hampshire State Liquor Commission
...and transferred. We affirm. The facts that give rise to the controversy have previously been before this court. Niles v. Healy, 115 N.H. 370, 343 A.2d 226 (1975). The defendant, the State of New Hampshire Liquor Commission, rented the ground floor of a building in North Walpole from Mrs. Ka......