VIRGIN v. FIREWORKS OF TILTON, LLC

No. 2018-0526.

215 A.3d 892 (2019)

James M. VIRGIN v. FIREWORKS OF TILTON, LLC & a.

Supreme Court of New Hampshire.

Opinion Issued: August 6, 2019.


Attorney(s) appearing for the Case

Hamblett & Kerrigan, P.A., of Nashua ( J. Daniel Marr and Andrew J. Piela , Nashua, on the brief, and Mr. Marr orally), for the plaintiff.

Wadleigh, Starr & Peters, PLLC, of Manchester ( Joseph G. Mattson , Manchester, and Stephen Zaharias on the brief, and Mr. Zaharias orally), for defendant Fireworks of Tilton, LLC.

Devine, Millimet & Branch, P.A., of Manchester ( Jonathan M. Eck , Manchester, on the brief), and Brooke | Stevens, P.C., of Muncie, Indiana ( John H. Brooke and John Stevens on the brief, and Mr. Brooke orally), for defendant Foursquare Imports, LLC d/b/a AAH Fireworks, LLC.


In this interlocutory appeal from the Superior Court (O'Neill, J.), we are asked to determine whether RSA 507:7-e (2010) applies to claims for personal injuries that allege a breach of the implied warranty of merchantability under RSA 382-A:2-314 (2011), thus permitting a named defendant to apportion fault to a...

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