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PRICE v. BIC CORP.

No. 96-759.

142 N.H. 386 (1997)

KATHLEEN PRICE, GUARDIAN OVER THE ESTATE OF MATTHEW RYAN MOORE v. BIC CORPORATION

Supreme Court of New Hampshire.

November 3, 1997.

Attorney(s) appearing for the Case

Burns, Bryant, Hinchey, Cox & Rockefeller, P.A., of Dover (Christine M. Rockefeller on the brief and orally), for the plaintiff.

Burns & Levinson, of Boston, Massachusetts (Charles Mark Furcolo and Andrew P. Botti on the brief, and Mr. Furcolo orally), and Law Office of Thomas F. Kehr, of Concord (Thomas F. Kehr on the brief), for the defendant.

Moquin & Daley, P.A., of Manchester (Martin R. Jenkins on the brief), for the NH Trial Lawyers Association, as amicus curiae.

HORTON, J.

Pursuant to Supreme Court Rule 34, the United States District Court for the District of New Hampshire (Barbadoro, J.) certified to us the following question of law:

Can the legal representative of a minor child injured as a result of the misuse of a product by another minor child maintain a defective design product liability claim against the product's manufacturer if the product was intended to be used only by adults and the risk that children...

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