Dolbeare v. City of Laconia
Annotate this CaseThe City of Laconia owned and maintained Opechee Park. In May 2012, plaintiff Margaret Dolbeare was enjoying the playground equipment at the park with her granddaughter. As plaintiff approached the park swings, her foot caught under the edge of a mat. She fell and suffered injuries. This case was an interlocutory appeal by the City when the Superior Court denied its motion to dismiss negligence and nuisance claims. The trial court transferred two questions for the Supreme Court's review: (1) did the trial court err in finding that the City owed Plaintiff a duty, despite RSA 212:34, II; and (2) did the trial court err in holding that the City was not immune from suit under RSA 508:14, I, because “using playground equipment is not . . . recreation within the meaning of RSA 508:14”? After review, the Court answered both questions in the affirmative as they related to plaintiff’s negligence claim. Plaintiff argued that, notwithstanding either RSA 212:34, II or RSA 508:14, I, the City was liable for its alleged negligence under RSA 507-B:2 (2010). Because the trial court did not address this argument, the Supreme Court declined to do so in the first instance. Accordingly, the Court vacated the trial court’s order denying the City’s motion to dismiss plaintiff’s negligence claim.
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