Cannata v. Town of Deerfield

I respectfully dissent from the majority opinion insofar as it rejects the town’s plea of municipal immunity from any liability to pay damages for negligence as charged in the so-called culvert claims under counts four and five.

As I understand what the majority say in assessing the town’s plea of common law immunity, they assume that Rockhouse Mt. Property Owners Assoc. v. Town of Conway, 127 N.H. 593, 503 A.2d 1385 (1986) entails the conclusion that under Merrill v. Manchester, 114 N.H. 722, 729, 332 A.2d 378, 383 (1974), the town is entitled to immunity on a claim that culverts were…