Morse v. Goduti

BARRY, j.,

superior court justice, specially assigned under RSA 490:3. The plaintiff, William Morse, administrator of the Estate of Samuel T. Morse, appeals the Superior Court’s (T. Nadeau, J.) grant of the motion of the defendant, Richard A. Goduti, for summary judgment. The court ruled as a matter of law that the defendant’s erection of an artificial pond with deep slopes did not create an unreasonable risk of harm to the plaintiff’s decedent, Samuel T. Morse, who drowned in the pond. We reverse and remand.

William and Linda Morse own property on Route 13 in Dunbarton. The defendant owns a…