Legal Opinion

Chesley v. HARVEY INDUSTRIES, INC.

Supreme Court of New Hampshire

Decided April 22, 2008No. 2007-682PublishedCited by 4 opinions

1Opinion of the CourtDuggan, J.

The plaintiff, Elmer E. Chesley, appeals a decision of the Superior Court (McGuire, J.) dismissing his civil action against the defendant, Harvey Industries, Inc., for failure to file within the three-year statute of limitations. See RSA 508:4 (1997). We reverse and remand.

Because this case was decided on a motion to dismiss, we assume the facts alleged in the plaintiffs writ to be true. See Donnelly v. Eastman, 149 N.H. 631, 632 (2003). On December 5,2003, the plaintiff purchased a ladder from the defendant. The same day, as the plaintiff was using the ladder, “one of the ladder stabilizer…

2Cases cited5 opinions

  1. Bean v. Red Oak Property Management, Inc.Supreme Court of New Hampshire · 2004
  2. Monahan-Fortin Properties, LLC v. Town of HudsonSupreme Court of New Hampshire · 2002
  3. Provencal v. Vermont Mutual InsuranceSupreme Court of New Hampshire · 1990
  4. Pelletier v. City of ManchesterSupreme Court of New Hampshire · 2004
  5. In Re MartinSupreme Court of New Hampshire · 2008

3Cited by4 opinions

  1. General Insulation Co. v. Eckman ConstructionSupreme Court of New Hampshire · 2010
  2. Cardinal Development Corp. v. Town of Winchester Zoning Board of AdjustmentSupreme Court of New Hampshire · 2008
  3. Great Traditions Home Builders, Inc. v. O'ConnorSupreme Court of New Hampshire · 2008
  4. Tycollo Graham v. Eurosim Construction & a.Supreme Court of New Hampshire · 2023

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