Cited by
Opinions in New Hampshire that cite DeBenedetto v. CLD Consulting Engineers, Inc., 903 A.2d 969.
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In the Matter of Katherine Harper and Matthew Broas
N.H. 2020
“A party is entitled to a directed verdict only when the sole reasonable inference that may be drawn from the evidence, which must be viewed in the light most favorable to the nonmoving party, is so overwhelmingly in favor of the moving party that no contrary verdict could stand.” DeBenedetto v. CLD Consulting Eng’rs, 153 N.H. 793, 812 (2006).
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James M. Virgin v. Fireworks of Tilton, LLC & a.
N.H. 2019
DeBenedetto v. CLD Consulting Eng’rs, 153 N.H. 793, 803-04 (2006); see also State v. Exxon Mobil Corp., 168 N.H. 211, 259 (2015) (“Pursuant to RSA 507:7-e and DeBenedetto, defendants may ask a jury to shift or apportion fault from themselves to other nonparties in a case.”).
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Bellevue Properties, Inc. v. Settlers' R1, Inc. & a.
N.H. 2017
DeBenedetto v. CLD Consulting Eng’rs, 153 N.H. 793, 812 (2006).
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Mark Skiathitis v. City of Manchester Water Works
N.H. 2016
“A party is entitled to a directed verdict only when the sole reasonable inference that may be drawn from the evidence, which must be viewed in the light most favorable to the nonmoving party, is so overwhelmingly in favor of the moving party that no contrary verdict could stand.” DeBenedetto v. CLD Consulting Eng’rs, 153 N.H. 793, 812 (2006).
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State of New Hampshire v. Exxon Mobil Corporation & a.
168 N.H. 211
N.H. 2015
RSA 507:7-e and DeBenedetto Exxon argues that it was “unfairly prejudiced in its ability to present its defense” under RSA 507:7-e (2010) and DeBenedetto v. CLD Consulting Engineers, Inc., 153 N.H. 793 (2006).
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Gray v. Leisure Life Industries
77 A.3d 1117
N.H. 2013
RSA 507:7-d to:7-i (2010); see also DeBenedetto v. CLD Consulting Eng’rs, 153 N.H. 793, 798 (2006) (discussing the legislative history of RSA 507:7-d to:7-i).
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Ocasio v. Federal Express Corp.
33 A.3d 1139
N.H. 2011
DeBenedetto v. CLD Consulting Eng’rs, 153 N.H. 793, 798 (2006).
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Wyle v. Lees
33 A.3d 1187
N.H. 2011
tations: (1) statements on the defendants’ property disclosure form, which provided that all building modifications were done with the necessary permits; and (2) Lees’s verbal representation that, “I did everything the town asked.” The defendants filed a special plea asserting comparative negligence pursuant to RSA 507:7-d (2010), a DeBenedetto statement, see DeBenedetto v. CLD Consulting Eng’rs, 153 N.H. 793 (2006), and a motion in limine seeking apportionment to a number of parties, including
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State v. Spade
13 A.3d 855
N.H. 2010
Even if we were to assume that the statute is reasonably susceptible to interpretations that favor both the defendant and the State, see DeBenedetto v. CLD Consulting Eng’rs, 153 N.H. 793, 797-98 (2006), we would conclude that the legislative history supports a broader proscription.
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Goudreault v. Kleeman
965 A.2d 1040
N.H. 2009
Nepomnayshy and Mahon under RSA 507:7-e, 1(c) (1997); and (2) Dr. Kleeman failed to adduce adequate evidence to apportion fault to non-litigants pursuant to our holdings in Nilsson v. Bierman, 150 N.H. 393 (2003), and DeBenedetto v. CLD Consulting Eng’rs, 153 N.H. 793 (2006).
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Everitt v. General Electric Co.
932 A.2d 831
N.H. 2007
In DeBenedetto v. CLD Consulting Engineers, 153 N.H. 793 (2006), a decision issued after this interlocutory appeal was filed, we again reviewed the scope of the term “party” in the apportionment statute, RSA 507:7-e.
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Tiberghein v. B.R. Jones Roofing Co.
931 A.2d 1223
N.H. 2007
The plaintiffs rely upon Nilsson and DeBenedetto v. CLD Consulting Eng’rs, 153 N.H. 793 (2006), to support their argument.
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State v. MacElman
910 A.2d 1267
N.H. 2006
DeBenedetto v. CLD Consulting Eng’rs, 153 N.H. 793, *311 806 (2006).