Bloom v. Casella Construction, Inc.Annotate this Case
Plaintiff Eileen Bloom appealed a superior court order granting summary judgment to defendant Casella Construction, Inc. (Casella), ruling that the defendant did not owe the plaintiff a duty of care and was not otherwise liable to her pursuant to Section 324A of the Restatement (Second) of Torts. Plaintiff worked as a nurse at Dartmouth-Hitchcock Medical Center (DHMC). On December 30, 2013, she parked her car in an employee parking lot. She exited the vehicle, took two steps, and fell on a patch of ice. As a result of her fall, the plaintiff suffered injuries that required surgery. At the time of the plaintiff’s accident, DHMC had a “Snow Plowing Agreement” with Casella (the contract). “Snow Plowing Guidelines” (guidelines) were attached to the contract, calling for salting and sanding of DHMC grounds, and stating that “[e]mployee lots shall be kept plowed as clear as possible and accessible at the start of each shift change”; and “[g]enerally salt is applied to parking lots prior to or at the start of a storm and after storm cleanup or as directed by DHMC Grounds Supervisor or his designee.” Plaintiff alleged the contract obligated Casella to keep the employee parking lot in which she fell clear, and Casella breached that obligation. To the extent the trial court reasoned that there was no duty under the contract because Casella did not assume DHMC’s entire responsibility to keep its property free from unreasonable risks of harm, the New Hampshire Supreme Court disagreed. Whether DHMC directed Casella to apply sand and salt to the parking lot where plaintiff was injured raised a genuine issue of material fact which precluded the entry of summary judgment. For this reason, the Supreme Court reversed the grant of summary judgment and remanded for further proceedings.