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Powers v. LAM Brothers

Supreme Court of New Hampshire

August 16, 2006

Renee Powers
v.
LAM Brothers d/b/a Dynasty Chinese Restaurant,

UNPUBLISHED OPINION

The plaintiff, Renee Powers, appeals an order of the trial court denying her motion to set aside the verdict and motion for judgment NOV. She argues that the trial court erred in giving a comparative negligence instruction and in denying her motion in limine which sought to exclude a notation in her medical records "drank a 12 pack." We affirm.

Contrary to the plaintiff's assertion, Townsend v. Legere, 141 N.H. 593 (1997), does not support her position that the trial court erred in giving a comparative negligence instruction. In this case, the record contained sufficient evidence of the plaintiff's conduct on the night in question to support the instruction. See id. at 594; RSA 507:7-d (1997); Bohan v. Ritzo, 141 N.H. 210, 216-17 (1996).

Nor do we find any error in the trial court's admission of the notation in the plaintiff's medical records. See Kelleher v. Marvin Lumber & Cedar Co., 152 N.H. 813, 832 (2005); N.H. R. Ev. 803(4); cf. 5 Weinstein's Federal Evidence § 803.06 [5] (2d ed. 2006).

Affirmed.

BRODERICK, C.J., and DALIANIS and GALWAY, JJ., ...


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