Douglas Milbury v. Peaslee Hill, LLC

• Court: Supreme Court of New Hampshire
• Decided: January 13, 2016
• Docket: 2015-0511
• Status: Unpublished

Opinion

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2015-0511, Douglas Milbury v. Peaslee Hill, LLC, the court on January 13, 2016, issued the following order:

Having considered the briefs and record submitted on appeal, we conclude that oral argument is unnecessary in this case. See Sup. Ct. R. 18(1). We affirm.

The plaintiff, Douglas Milbury, appeals an order of the Superior Court (Smukler, J.) granting summary judgment to the defendant, Peaslee Hill, LLC. He contends that the trial court erred by: (1) granting summary judgment to the defendant; and (2) finding, upon undisputed facts, that: (a) the defendant did not owe him a duty; (b) Jeffrey Knight was not the defendant’s agent; (c) the defendant did not violate its duty to invitees; and (d) the defendant was not the proximate cause of his injuries. See Macie v. Helms, 156 N.H. 222, 225 (2007) (holding scope of duty limited to reasonably foreseeable risks).

As the appealing party, the plaintiff has the burden of demonstrating reversible error. Gallo v. Traina, 166 N.H. 737, 740 (2014). Based upon our review of the trial court’s well-reasoned order, the plaintiff’s challenges to it, the relevant law, and the record submitted on appeal, we conclude that the plaintiff has not demonstrated reversible error. See id.

Affirmed.

Dalianis, C.J., and Hicks, Conboy, Lynn, and Bassett, JJ., concurred.

Eileen Fox, Clerk