Chadwick v. CSI, Ltd.

629 A.2d 820, 137 N.H. 515, 1993 N.H. LEXIS 106
CourtSupreme Court of New Hampshire
DecidedAugust 5, 1993
DocketNo. 92-243
StatusPublished
Cited by44 cases

This text of 629 A.2d 820 (Chadwick v. CSI, Ltd.) 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
Chadwick v. CSI, Ltd., 629 A.2d 820, 137 N.H. 515, 1993 N.H. LEXIS 106 (N.H. 1993).

Opinion

BROCK, C.J.

Pine Hill Waldorf School (Pine Hill) brings this interlocutory appeal after the first part of a bifurcated proceeding in the Superior Court (Dalianis, J.). The issues before the superior court were whether Pine Hill and CSI, Ltd. (CSI) intended to enter into a construction contract containing provisions waiving certain subrogation rights of the parties, and, if so, what the appropriate scope of those waivers should be. On appeal Pine Hill argues that the trial court erred by failing to order a mistrial during the proceedings before the jury, by presenting a misleading question to the jury in a special verdict form, and by misconstruing the validity and scope of the contractual waivers of subrogation. We affirm.

In the spring of 1988, Pine Hill entered into a construction contract with CSI, a general contractor, to finish the interior of the auditorium in the Pine Hill Waldorf School in Wilton. CSI then subcontracted with Joel Chadwick, doing business as The Great American Floor Company, to install hardwood floors in the auditorium. In October 1988, before the project was completed, the auditorium was destroyed by fire and adjoining parts of the school were damaged.

Chadwick initiated legal action against Pine Hill and CSI for failure to pay for materials and services provided under Chadwick’s subcontract. Pine Hill filed a counterclaim against Chadwick alleging that Chadwick’s negligence caused the fire. Pine Hill also filed a cross-claim against CSI alleging vicarious liability and negligent supervision of its subcontractor. The trial court bifurcated the litigation, separating the contractual issues from those involving liability for the fire and a determination of damages.

It is undisputed that Pine Hill and CSI entered into a contract to finish the interior of the auditorium at the Pine Hill Waldorf School. Mark D. Birdsall, as the president of Pine Hill’s board of trustees, and Thomas G. Brown, as vice president of CSI, signed a standard document created and endorsed by the American Institute of Architects (AIA) entitled “Standard Form of Agreement Between Owner and Contractor.” This standard form agreement expressly incorporates by reference another AIA document entitled “General Conditions of the Contract for Construction.”

Article 11 of the General Conditions establishes what kinds of insurance must be purchased under the contract, which parties are responsible for purchasing the insurance, and which parties bear the risk for certain losses such as property damage and personal injury. Article 11 also provides for a waiver of subrogation whereby the owner and contractor waive all rights against each other and their [518]*518subcontractors for damages caused by fire to the extent that those damages are covered by property insurance obtained pursuant to the provisions of article 11.

The basic question before the jury was whether Pine Hill and CSI intended to enter into a standard construction contract containing the waiver of subrogation provisions. There was evidence that Pine Hill and CSI had agreed to enter into the standard AIA contract, which expressly incorporated the General Conditions containing the waiver provisions. Pine Hill, however, presented evidence in support of its allegations of mutual mistake that neither Pine Hill nor CSI intended for Pine Hill to waive its subrogation rights as part of the contract. Pine Hill contended that its representatives were never presented with and never read a copy of the General Conditions. Pine Hill also presented testimony that on several occasions during their relationship, CSI’s agents had represented that CSI would be liable for damages caused by fire. The jury found in favor of CSI and Chadwick. The trial court then interpreted the waiver of subrogation provisions in the AIA contract as precluding Pine Hill from pursuing its claims to recover damages to the extent the damage caused by the fire was covered by Pine Hill’s own insurance. Pine Hill then filed this interlocutory appeal.

Pine Hill first argues on appeal that the trial court erred by denying Pine Hill’s motion for a mistrial. During his opening statement, counsel for CSI explained to the jury that Pine Hill’s insurance carrier, Commercial Union Insurance Company (Commercial Union), had already paid Pine Hill for its insured fire losses, and that this case arose because Commercial Union is interested in recovering its money from CSI and Chadwick through subrogation. Pine Hill argues that these statements before the jury were improper and deliberately misleading. It contends that Commercial Union is not a party to the case, and to insinuate that they are the actual party in interest implies incorrectly that Pine Hill has been fully compensated for its losses and serves to prejudice the jury against Pine Hill. Pine Hill argues that this prejudice is grounds for a mistrial.

“It is within the discretion of a trial court to declare a mistrial if some circumstance exists which indicates that justice may not be done if the trial continues to a verdict.” Panas v. Harakis & K-Mart Corp., 129 N.H. 591, 615, 529 A.2d 976, 990 (1987) (quotation and brackets omitted). If, however, the error can be effectively remedied, no mistrial will be declared. Id. We will not reverse a trial court’s decision on whether to grant a mistrial absent an abuse of discretion. State v. Ellison, 135 N.H. 1, 4, 599 A.2d 477, 480 (1991).

[519]*519The trial court did not abuse its discretion in denying Pine Hill’s motion for a mistrial. Given the nature of this case, the trial court could reasonably find that the statements made during CSI’s opening did not unduly prejudice the jury. The main issue before the jury was whether Pine Hill and CSI intended to enter into a contract in which Pine Hill waived certain subrogation rights against CSI. This case necessarily involved the discussion and explanation of contract language relating to subrogation, and whether and to what extent the parties sought to insure their interests. It was certainly relevant for CSI to explain to the jury that Commercial Union had paid for Pine Hill’s insured fire losses. Direct evidence of the type and extent of Pine Hill’s insurance explains why the subrogation rights of the parties are even at issue and is evidence of Pine Hill’s intent upon entering into the contract. It is also difficult to identify any particular prejudicial effect that CSI’s opening statements could have had when, during the course of the trial, Pine Hill introduced the full text of its own insurance policy with Commercial Union. In addition, Pine Hill’s own expert testified that this policy insured Pine Hill for fire loss. Finally, if CSI’s statements could be seen as an attempt to prejudice the jury, any such prejudice was properly cured by the judge’s instruction directing the jury to afford insurance companies the same consideration as any other party.

Pine Hill next argues that the trial court erred by presenting a misleading and confusing question to the jury in the court’s special verdict form. At the end of the trial, the court directed the jury, as part of its charge, to answer the question posed in the special verdict form. The parties had submitted proposed special verdict questions, but the trial court presented its own, which asked: “Did the parties intend to enter into a standard AIA contract?” Pine Hill contends that there was no dispute that the parties intended to enter into a standard contract.

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Bluebook (online)
629 A.2d 820, 137 N.H. 515, 1993 N.H. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chadwick-v-csi-ltd-nh-1993.