Supreme Court of New Hampshire
Marc Chartier v. Apple Therapy of Londonderry…
February 10, 2023
Summary
The Supreme Court of New Hampshire vacated the trial court's partial summary judgment on the plaintiff's negligent infliction of emotional distress claim, holding that the lower court erred in finding the plaintiff's emotional injury too attenuated from the defendants' negligent misdiagnosis. The Court applied the Corso foreseeability factors and defined “accident” as a sudden, unexpected, shocking event involving serious physical injury to a third party, and remanded for further proceedings.