Brannigan v. Usitalo

On interlocutory transfer without ruling from the Superior Court {Manias, J.), pursuant to Supreme Court Rule 9, the plaintiff, Rory Brannigan, challenges the constitutionality of RSA 508:4-d (Supp. 1990), which limits damages recoverable for non-economic loss in a personal injury action to $875,000. The superior court approved for transfer, and we accepted, the following questions:

“(1) Does the statute violate the Plaintiff’s equal protection rights as guaranteed by Part I, Article 12 of the New Hampshire Constitution?(2) Does the statute violate the Plaintiff’s right to due process of the…