Estabrook v. American Hoist & Derrick, Inc.

The legislative history of RSA 281:12, II (Supp. 1983) would leave anyone reluctant to dissent from the majority who hold the statute unconstitutional. The conclusion is inescapable that at least some members of the legislature who voted to enact the 1978 amendments in question did so on the erroneous assumption that they would eliminate no cause of action that had been recognized prior to Ransmeier v. Camp Cody, Inc., 117 N.H. 736, 378 A.2d 752 (1977) or Stevens v. Lewis, 118 N.H. 367, 387 A.2d 637 (1978). The majority opinion in this constitutional decision, however, necessarily rests on…