DiFruscia v. New Hampshire Department of Public Works

The plaintiff, Maria DiFruscia, appeals from a decision of the Superior Court (Gray, J.) dismissing her action against the New Hampshire Department of Public Works and Highways (DPW). The trial court, concluding that highway design, construction, maintenance, and operation constituted a discretionary function, ruled that the DPW’s actions fell within RSA 541-B:19, 1(c) (Supp. 1991), thereby shielding it from suit. We reverse and remand.

In December 1986, the decedent, Maria Paglierani, was killed in a one-car accident while driving in a northerly direction along Route 28 in Salem. Although the…