Personal Injury Case | Victory on Appeal
Updated: Sep 3
In an article published in November 2022, Apis Law reported news of an appeal filed to the New Hampshire Supreme Court challenging a trial court's dismissal of its client's lawsuit.
Personal Injury Case | Appeal - Graham v. Eurosim Construction et al
Attorney Diaz argued that his client's personal injury case was not barred by the Grafton County Superior Court's prior dismissal of an identical lawsuit against the same defendants. Click link to learn more about the personal injury case Graham v. Eurosim et al :
The Supreme Court published its order on March 10, 2023.
The Court unanimously agreed with Attorney Diaz's argument on appeal: the dismissal of the first personal injury case against the same defendants did not prevent the filing of a second lawsuit. As a result of the decision, the client can press his personal injury claim caused by the negligence of the defendants in their unsafe management of the construction site. The decision is great news as the client sustained life-long injuries when several, large sheets of very heavy glass fell on his leg. Apis Law will continue the fight.
The Court's opinion is also historical because it adopted a prospective rule to determine whether a dismissal order permits a party to file an identical, second law suit. The Court held that if a trial court dismisses a case because a party violates a court order or procedural rule and the dismissal order is silent as to whether the case can be refiled, the dismissal order will be construed to allow the party to file an identical second suit. In creating the prospective rule, the Court exercised its supervisory role under RSA 490:4 (2010) to establish a clear rule to provide guidance to the trial courts, and, more importantly, to prevent procedural technicalities from thwarting the administration of justice.
The prospective rule is now black-letter law in New Hampshire. Graham v. Eurosim Construction et. al. will be cited for many years to come.