Lortie v. Bois

The defendant appeals from denial of his motion for summary judgment in a wrongful death action. He moved for summary judgment pursuant to RSA 491:8-a (Supp. 1977) and submitted several affidavits in support thereof. The plaintiff objected and filed a counter-affidavit, sworn to by his attorney. The defendant then moved to strike the counter-affidavit on the ground that it was not based on personal knowledge or admissible facts to which the affiant would be competent to testify. On May 12, 1977, the Trial Court (Flynn, J.) denied both the defendant’s motion to strike and motion for summary…