N.H. Supreme Court Finds In Couple's Favor Over Attempt To Sue Ski Resort

Jul 29, 2015

 

Credit NHPR Staff

The New Hampshire Supreme Court has ruled in favor of a couple who attempted to sue Pat's Peak Ski Resort over a chairlift fall, but whose complaint was dismissed for failing to give proper notice.

The court reversed a judge's decision Tuesday and sent the case back for further action.

Deborah and Matthew Hogan reported injuries Feb. 4, 2012. They sent notice to the resort by certified return receipt mail on May 3, 2012, that they retained a lawyer. The resort got it May 10.

The Hogans filed a complaint on Dec. 3, 2013. Pat's Peak got a dismissal, saying the Hogans didn't provide original notice by May 4 — 90 days from the date of the injury — as required by law.

The court, which examined whether "shall be notified" meant upon mailing or receipt, found in the Hogans' favor.