Ford v. Town of WindhamAnnotate this Case
Plaintiff Steven Ford appealed a superior court's order that dismissed his negligence claims against Defendants the Town of Windham and the New Hampshire Department of Transportation (DOT). In late 2008 the vehicle in which Plaintiff was a passenger was struck by another vehicle in Windham. A severe ice storm had caused a power outage that had rendered the street and crossing lights at the intersection where the accident occurred inoperable. Several hours before the accident, both the Town and DOT had received notice that the lights were inoperable because of the storm. The accident caused Plaintiff to suffer severe injuries. He sued for negligence. Defendants moved to dismiss, arguing they owed Plaintiff no duty to warn of any hazardous condition that might have existed because of the ice storm. Upon review of the applicable legal authority, the Supreme Court held that the trial court did not err in dismissing Plaintiff's negligence claims.