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Estate of Tyler Gilbert et al. v. Raymond Jache et al.
Supreme Court accepted cases list
Issues on Appeal
The following summaries of the issues on appeal have been prepared by clerk’s office staff for the convenience of the public. The Supreme Court has neither approved nor reviewed any of the summaries. The parties’ filings and the applicable record — not these summaries — define and establish the issues that the Supreme Court will consider in a case. Please note that, in the interest of brevity, some issues in a listed case may have been combined or not summarized. In these summaries, “Rule Type” refers to the particular Supreme Court Rule under which the case has been docketed. “Type” and “Subtype” refer to the case type and case subtype, as determined in accordance with the definitions in the State Court Guide to Statistical Reporting, a publication of the Court Statistics Project (a joint project of the National Center for State Courts and the Conference of State Court Administrators).
The superior court transferred the following questions:
1. Does the discovery rule, rooted in R.S.A 508:4, apply to wrongful death actions filed pursuant to R.S.A. 556:11, or, as did this Court’s finding in in Anderson v. Estate of Wood, 171 NH 524 (2018) that “a claim will be time-barred by RSA 556:11 unless brought within three years after the decedent’s death” indicate that RSA 556:11 is an “event-based” statute of limitations not subject to the discovery rule?
2. Under R.S.A. 508:4, is a plaintiff’s obligation to exercise reasonable diligence, as articulated in Perez v. Pike Industries, Inc., 153 N.H. 158, 160 (2005), and Glines v. Bruk, 140 N.H. 180, 181 (1995), among other cases, conditioned on the plaintiff possessing reason to suspect that a party’s involvement contributed to his injuries?
3. Under Troy v. Bishop Guertin High School, 176 NH 131 (2023) or New Hampshire law generally, must a tort plaintiff be on “inquiry notice” of a potential defendant’s involvement in an injury-producing incident before the statute of limitations can begin to run?