Pike Industries, Inc. v. Hiltz Construction, Inc.

718 A.2d 236, 143 N.H. 1, 1998 N.H. LEXIS 62
CourtSupreme Court of New Hampshire
DecidedSeptember 24, 1998
DocketNo. 95-850
StatusPublished
Cited by16 cases

This text of 718 A.2d 236 (Pike Industries, Inc. v. Hiltz Construction, Inc.) 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
Pike Industries, Inc. v. Hiltz Construction, Inc., 718 A.2d 236, 143 N.H. 1, 1998 N.H. LEXIS 62 (N.H. 1998).

Opinion

THAYER, J.

This case arises out of an action for contribution brought by the plaintiffs, Liberty Mutual Insurance Co. and Pike Industries, Inc. (Pike), against Hiltz Construction, Inc. (Hiltz) in which the Superior Court (Smukler, J.) ruled in favor of the plaintiffs in the amount of $75,000. Hiltz presents two issues for our review. First, Hiltz argues that the superior court erred by assigning liability based on “theories” allegedly not argued by the plaintiffs, but raised sua sponte by the court. Second, Hiltz asserts that the court erred in its computation of the amount of contribution. We affirm.

A personal injury action underlies this case. On March 26, 1991, a dump truck operated by Pike was waiting to enter a dump site operated by Hiltz. Due to muddy conditions at the entrance of the site, a back-up of several trucks had occurred. The trucks waited in the'road, blocking the westbound lane to all traffic. The Pike truck, then at the end of the line, proceeded to pass the line of parked trucks and eventually stopped, blocking the entire eastbound lane. Lila Shores, who was driving eastbound, collided head on with the stopped truck.

Shores sued Pike for injuries sustained in that collision. The plaintiffs settled the case by paying Shores $175,000 in exchange for Shores releasing the plaintiffs and Hiltz from all liability. Hiltz was not a party to that action. The plaintiffs then brought the instant action seeking contribution from Hiltz for Hiltz’ comparative share of fault in causing the accident.

[3]*3After a hearing on the merits, the trial court found Shores thirty percent liable, Pike forty percent liable, and Hiltz thirty percent liable for the accident. The court found the settlement entered into between the plaintiffs and Shores to be reasonable. The court calculated that the total value of the case was $250,000. The court reasoned that the settlement amount was consistent with the total value of the case, in light of Shores being thirty percent at fault. Where the settlement was $175,000, the court reasoned that $250,000 would represent a fair estimate of the total value of the case. The court then awarded the plaintiffs $75,000, representing Hiltz’ thirty percent share of liability in a case worth $250,000.

The court articulated three reasons for Hiltz’ liability. It assigned a ten percent share of responsibility to each rationale or “theory,” respectively. Those rationales include: (1) Hiltz failed to recognize the difficulty in entering the dump site and failed to implement any plan as to what the trucks should do; (2) Hiltz’ driver caused the initial tie-up by blocking the road; and (3) Hiltz’ driver failed to provide traffic control once the tie-up became apparent. Hiltz disputes the validity of the rationales.

On appeal, Hiltz argues that the trial court committed reversible error by raising “theories of liability” not disclosed in pretrial pleadings nor developed by counsel for the plaintiffs. Hiltz also contends that the court applied an improper methodology in calculating damages. We begin by addressing Hiltz’ argument regarding the allegedly erroneous “theories of liability.”

“It is well settled that a defendant is entitled to be informed of the theory on which the plaintiffs are proceeding and the redress that they claim as a result of the defendant’s actions.” Morancy v. Morancy, 134 N.H. 493, 497, 593 A.2d 1158, 1160 (1991) (quotation omitted). New Hampshire maintains a system of notice pleadings. See Welch v. Gonic Realty Trust Co., 128 N.H. 532, 536, 517 A.2d 808, 810 (1986). As such, we take a liberal approach to the technical requirements of pleadings. See 4 R. Wiebusch, New Hampshire Practice, Civil practice and Procedure § 211, at 154 (1984); see also Nat’l Marine Underwriters v. McCormick, 138 N.H. 6, 8, 634 A.2d 1008, 1010 (1993) (allowing liberal amendments to pleadings to cure technical defects).

We will assume that the plaintiffs’ pleadings include their writ and, as Hiltz argues, their “summary statement” filed pursuant to Superior Court Rule 62. The plaintiffs’ writ states in pertinent part:

[4]*4[T]he conduct of Hiltz was itself negligent and did in fact contribute to the injuries sustained by Ms. Shores in that Hiltz had control of the dumping site where the accident occurred and failed to provide adequate traffic control as a means of assuring safety at the site, thereby allowing an obvious dangerous condition to exist which was a proximate cause of the personal injuries sustained by Ms. Shores

(Emphasis added.) The writ alleges that Hiltz had a duty, that it breached that duty, that the breach was the proximate cause of the injuries to Shores, and that the plaintiffs seek contribution for damages arising from those injuries. It also states that Hiltz’ failure to provide adequate “traffic control” constitutes a specific detail the plaintiffs will seek to prove. Hiltz, thus, should have had an adequate understanding that the nature of the plaintiffs’ dispute involved negligence associated with the operation of the dump site. No reasonable reading of the writ could result in the conclusion, as Hiltz argues, that the only purported duty owed by Hiltz was to provide flag-holding personnel at the site. The writ need not do more than state the general character of the action and put both court and counsel on notice of the nature of the controversy. Cf. Morency v. Plourde, 96 N.H. 344, 346, 76 A.2d 791, 792 (1950) (stating that in New Hampshire pleading need merely put court and counsel on notice of dispute). We hold that Pike’s writ satisfies our liberal standard for pleadings.

Hiltz argues that, in addition to plaintiffs’ writ, plaintiffs’ summary statement filed pursuant to Superior Court Rule 62 failed to provide sufficient notice of the claim. A summary statement serves merely to “apprise the court of the nature of the claims, defenses, and legal issues likely to arise.” SUPER. CT. R. 62. A summary statement need not contain as much detail as a “pre-trial statement.” See id. A party files the former prior to discovery and the latter toward the end of the discovery process. See id. Even assuming arguendo that the summary statement is part of the pleadings, the plaintiffs’ summary statement does allude to aspects of the three rationales employed by the court. It notes that the accident occurred at a site entirely “controlled by Hiltz.” Thus, Hiltz could anticipate liability premised on a breach of supervisory duty or vicarious liability. The summary statement also includes reference to a “dangerous condition caused by the line of dump trucks” and to a lack of a “traffic controller.” This should have alerted Hiltz that the line of trucks bore some causal connection to [5]*5the accident and that Hiltz should have used some form of traffic control measure. The trial court properly refused to rule that the plaintiffs’ summary statement violated Rule 62 or was otherwise deficient.

Hiltz further contends that the plaintiffs introduced no evidence that would allow the court to have found liability under the three rationales. We disagree.

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

Related

Donald Toy & a. v. City of Rochester & a.
Supreme Court of New Hampshire, 2019
Sheila D. Petrin v. David M. Liberatore & a.
Supreme Court of New Hampshire, 2018
Healthcare Staffing Solution, Inc. v. Wilkinson ex rel. Wilkinson
86 So. 3d 519 (District Court of Appeal of Florida, 2012)
Ingress v. Merrimack Mortgage
D. New Hampshire, 2012
Bartlett v. Mutual Pharmaceutical
2010 DNH 148 (D. New Hampshire, 2010)
Prince v. Metropolitan Life et al.
2010 DNH 046 (D. New Hampshire, 2010)
Dolan v. SunGard
2008 DNH 003 (D. New Hampshire, 2008)
Ford v. Skorich
2006 DNH 100 (D. New Hampshire, 2006)
Feddersen v. Garvey, et al.
D. New Hampshire, 2005
Therrien v. Sullivan
2004 DNH 101 (D. New Hampshire, 2004)
Porter v. City of Manchester
849 A.2d 103 (Supreme Court of New Hampshire, 2004)
Fornaro v. Gannon et al.
2003 DNH 080 (D. New Hampshire, 2003)
Lavallee v. Warden, NH State Prison
2003 DNH 001 (D. New Hampshire, 2003)
Kravitz v. Beech Hill Hospital, L.L.C.
808 A.2d 34 (Supreme Court of New Hampshire, 2002)
Canty v. Hopkins
773 A.2d 1 (Supreme Court of New Hampshire, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
718 A.2d 236, 143 N.H. 1, 1998 N.H. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pike-industries-inc-v-hiltz-construction-inc-nh-1998.