Margaret Dolbeare v. City of Laconia

This is an interlocutory appeal by the defendant, the City of Laconia (City), from a decision of the Superior Court (Smukler, J.). denying its motion to dismiss negligence and nuisance claims brought by the plaintiff, Margaret Dolbeare. The trial court transferred two questions for our review:(1) Did the trial court err in finding that the City owed Plaintiff a duty, despite RSA 212:34, II?(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”?

Because the…