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DOUCETTE v. TOWN OF BRISTOL

No. 92-747.

138 N.H. 205 (1993)

CARMEN DOUCETTE, ADMINISTRATRIX OF THE ESTATE OF ROBIN LEE REYNOLDS v. TOWN OF BRISTOL & a.

Supreme Court of New Hampshire.

December 30, 1993.

Attorney(s) appearing for the Case

Nighswander, Martin & Mitchell, P.A., of Laconia (Charles V. Moser on the brief, and David S. Osman orally), for the plaintiffs.

Upton, Sanders & Smith, of Concord (Barton L. Mayer on the brief and orally), for defendant Town of Bristol, and Cleveland, Waters and Bass, P.A., of Concord (Wayne C. Beyer and Mark D. Wiseman on the brief, and Mr. Beyer orally), for defendant Town of Plymouth.

BROCK, C.J.

The defendants, the Town of Bristol (Bristol) and the Town of Plymouth (Plymouth), bring this interlocutory appeal to resolve issues of municipal tort liability raised by the Superior Court (McHugh, J.) in reconsidering its order denying defendants' motions to dismiss. The following questions have been transferred to us:

"1. In an action alleging that police failed to protect a person from the violence of a third party, must the plaintiff...

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