Supreme Court of New Hampshire

Mary Carignan v. New Hampshire International Speedway, Inc. & a.

September 9, 2004151 N.H. 409

Summary

The court held that Speedway voluntarily assumed a duty to exercise reasonable care when it directed traffic from a public highway onto its property, and that sufficient evidence supported the jury's findings on breach and causation. The court also upheld the damages award and rejected the requested jury instruction concerning passing near an intersection because the statutory restriction did not apply to the junction of a private entranceway and a highway. It vacated the exclusion of a police officer's factual conclusion and remanded for a trustworthiness determination that could require a new trial as to Wheeler.