Broderick v. Watts

614 A.2d 600, 136 N.H. 153, 1992 N.H. LEXIS 142
CourtSupreme Court of New Hampshire
DecidedSeptember 1, 1992
DocketNo. 90-399
StatusPublished
Cited by40 cases

This text of 614 A.2d 600 (Broderick v. Watts) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Broderick v. Watts, 614 A.2d 600, 136 N.H. 153, 1992 N.H. LEXIS 142 (N.H. 1992).

Opinion

Thayer, J.

These wrongful death actions arose from a fire which took the lives of Francis, Rita, and Brian DeFrancesco. The fire occurred in a single family residential house owned by Ida Watts, the defendant, and leased to the decedents. The administrator for the estates of the decedents, Edward Broderick, brought suit in the Superior Court (O’Neill, J.), and after a trial, the jury returned a verdict for the defendant. The plaintiff appeals alleging the following: (1) the trial court erred in denying the plaintiff’s motion for a directed verdict in favor of Brian DeFrancesco; (2) the trial court erred in denying the plaintiff’s motion for judgment notwithstanding the verdict and to set aside the verdict as against the weight of the evidence with regard to Brian DeFrancesco; (3) the verdict for the defendant was the product of plain mistake, passion, partiality, or corruption; (4) the trial court’s charge to the jury and responses to questions from the jury during their deliberations misled and confused the jury so as to render the verdict erroneous; and (5) the defendant’s counsel made insinuations during cross-examination of witnesses for the plaintiff and remarks during closing argument that were improper and constituted reversible error. For the reasons that follow, we affirm.

In August 1985, the DeFrancescos moved into a single family residence in Derry which they leased from the defendant. On the evening of November 2,1985, the DeFrancesco’s had a Halloween party at their home. Several candles were used to provide lighting and effect. Some were on tables and at least one was located in a sconce [158]*158attached to a wall. Sometime in the early morning of November 3, a fire erupted. The fire started in the den, which was located at the front left-hand corner of the house on the first floor. Thirteen-year-old Brian DePrancesco and his friend, Edward Robitaille, were asleep in the living room, which was on the first floor in the front right-hand corner of the house. Brian’s parents, Rita and Francis, were also asleep on the first floor, in a bedroom in the rear right-hand corner of the house. According to the fire investigators, the most likely cause of the fire was a candle that was left burning after the party.

Thirteen-year-old Brian DePrancesco and his parents, Francis and Rita DePrancesco, lost their lives in the fire. Edward Robitaille was the only person inside the house to survive. Edward Broderick, administrator of the estates of Francis, Rita, and Brian DePrancesco, brought three actions for wrongful death against their landlord, Ida Watts, on behalf of their estates. The plaintiff claimed that Ida Watts violated her statutory duty of care imposed under RSA 153:10-a, II-a, by failing to properly install and maintain smoke detectors in her rental premises. The defendant denied that she was negligent and raised the issue of comparative negligence on the part of the decedents.

At trial, after the conclusion of the defendant’s evidence, the plaintiff moved for a directed verdict in favor of the estate of Brian De-Francesco. The trial court denied the motion. After closing arguments and the judge’s jury charge, the jury was asked to render a special verdict. The special verdict form asked the jury to consider separately each decedent’s estate’s claim against the defendant. After deliberating, the jury returned three special verdicts, each in favor of the defendant. Subsequent to the trial, the plaintiff filed a motion for judgment notwithstanding the verdict and alternatively to set aside the verdict, both of which the court denied. This appeal followed.

I. Plaintiff’s Motions for Directed Verdict and Judgment Notwithstanding the Verdict

We first consider whether the trial court erred in refusing to grant the plaintiff’s motion for a directed verdict during the trial and post-trial motion for judgment notwithstanding the verdict in favor of the estate of Brian DePrancesco. Motions for directed verdict and judgment notwithstanding the verdict are essentially the same, though made at different stages of the trial, and they are governed by identical standards. Amabello v. Colonial Motors, 117 N.H. 556, [159]*159561, 374 A.2d 1182, 1185 (1977). Thus, we will consider the plaintiff’s contentions that the trial court erred in denying these motions together. We note that the plaintiff moved for a directed verdict only on behalf of the estate of Brian DeFrancesco. Likewise, in the notice of appeal he asserted that the trial court erred in denying the motion for judgment notwithstanding the verdict only with regard to Brian’s estate. Therefore, we limit our review of these issues to the circumstances surrounding Brian’s death.

A party is entitled to judgment notwithstanding the 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. Corliss v. Mary Hitchcock Mem. Hosp., 127 N.H. 225, 228, 497 A.2d 1239, 1241 (1985); Cutter v. Town of Farmington, 126 N.H. 836, 839-40, 498 A.2d 316, 319 (1985). The court cannot weigh the evidence or inquire into the credibility of the witnesses, and “[i]f the evidence adduced at trial is conflicting, or if several reasonable inferences may be drawn, the motion should be denied.” Cutter, 126 N.H. at 840, 498 A.2d at 319.

As grounds for both motions the plaintiff contends that the sole reasonable inference to be drawn from the evidence was that the defendant breached her statutory duty under RSA 153:10-a by failing to equip her premises with any smoke detectors, and, alternatively, if she did install a smoke detector, that she failed to properly locate it or to maintain it in a suitable condition. “[A] causal violation of a statutory standard of conduct constitutes legal fault in the same manner as does the causal violation of a common-law standard of due care ....” Moulton v. Groveton Papers Co., 112 N.H. 50, 52, 289 A.2d 68, 71 (1972); see also LaFavor v. Ford, 135 N.H. 311, 314, 604 A.2d 570, 572 (1992). The statute that the plaintiff claims the defendant failed to abide by provides as follows:

“Every rental unit as defined in RSA 153:1, IX-a shall be equipped with at least one automatic fire warning device. An automatic fire warning device shall be located in each hallway or area which is adjacent to a sleeping area. . . . The owner of the rental unit shall be responsible for maintaining the automatic fire warning device in a suitable condition.”

RSA 153:10-a, II-a (emphasis added). This legislative enactment provides a standard of conduct for landlords, requiring that they equip, [160]*160properly locate, and maintain in suitable condition fire warning devices. See Restatement (Second) of Torts § 288B (effect of legislatively imposed standard of conduct). Efforts that fall short of compliance violate the standard of conduct, regardless of whether they were reasonable. See LaFavor, 135 N.H.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Matter of Shalyn McFadden and Jerry Landry
Supreme Court of New Hampshire, 2023
State of New Hampshire v. Brim Bell
Supreme Court of New Hampshire, 2022
101 Ocean Blvd., LLC v. Foy Insurance Group, Inc. & a.
Supreme Court of New Hampshire, 2021
Christine John v. Festival Fun Parks, LLC
Supreme Court of New Hampshire, 2018
State of New Hampshire v. Jonathan Nzali
Supreme Court of New Hampshire, 2017
Robin Katz v. David Warren & a.
Supreme Court of New Hampshire, 2016
Barbara Stewart v. Jeffrey Murdock
Supreme Court of New Hampshire, 2016
Laramie v. Stone
999 A.2d 262 (Supreme Court of New Hampshire, 2010)
State v. Spinale
937 A.2d 938 (Supreme Court of New Hampshire, 2007)
Hall v. Dartmouth Hitchcock Medical Center
899 A.2d 240 (Supreme Court of New Hampshire, 2006)
Transmedia Restaurant Co. v. Devereaux
821 A.2d 983 (Supreme Court of New Hampshire, 2003)
Madeja v. MPB Corp.
821 A.2d 1034 (Supreme Court of New Hampshire, 2003)
PMC Corp. v. Houston Wire & Cable Co.
797 A.2d 125 (Supreme Court of New Hampshire, 2002)
Francoeur v. Piper
776 A.2d 1270 (Supreme Court of New Hampshire, 2001)
Slattery v. Norwood Realty, Inc.
765 A.2d 143 (Supreme Court of New Hampshire, 2000)
Mullin v. Joy
749 A.2d 826 (Supreme Court of New Hampshire, 2000)
Schneider v. Plymouth State College
744 A.2d 101 (Supreme Court of New Hampshire, 1999)
Millis v. Fouts
744 A.2d 81 (Supreme Court of New Hampshire, 1999)
Quinn Bros. v. Whitehouse
737 A.2d 1127 (Supreme Court of New Hampshire, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
614 A.2d 600, 136 N.H. 153, 1992 N.H. LEXIS 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broderick-v-watts-nh-1992.